Oregon Reference

OREGON ADMINISTRATIVE RULES

CHAPTER 848

DIVISION 1

PROCEDURAL RULES

848-001-0000 Notice to Interested Persons on Any Proposal to Adopt, Amend, or Repeal Any Rule

Prior to the adoption, amendment, or repeal of any permanent rule, the Physical Therapist Licensing Board shall give notice of the proposed adoption, amendment, or repeal:

In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date.
By providing a copy of the notice to persons on the Physical Therapist Licensing Board's mailing list established pursuant to ORS 183.335(8).
By providing a copy of the notice to the following persons, organizations, or publications:
1. Executive Secretary, Oregon Physical Therapy Association;
2. Oregon Association of Hospitals.
3. Oregon Physical Therapists in Independent Practice.

Stat. Auth.: ORS 183
Stats. Implemented: ORS 688.145 & 688.160
Hist.: PT 8, f. & ef. 5-4-76; PTLB 1-2004, f. & cert. ef. 12-29-04; PTLB 2-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07

848-001-0005 Attorney Generals Model Rules of Procedure

The following Model Rules of Procedure promulgated by the Attorney General of the State of Oregon, in effect January 01, 2018, are adopted by the Board by reference. These rules apply to rulemaking; OAR 137-001-0005 through 137-001-0100.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Physical Therapist Licensing Board.]

Statutory/Other Authority: ORS 688.160
Statutes/Other Implemented: ORS 183, 688.160
Hist.: PT 1, f. 1-3-74, ef. 2-11-74; PT 9, f. & ef. 5-4-76; PT 1-1978, f. 6-19-78, ef. 6-28-78; PT 1-1982, f. & ef. 2-17-82; PT 2-1984, f. & ef. 11-30-84; PT 1-1986, f. & ef. 10-27-86; PT 1-1988, f. & cert. ef. 6-27-88; PT 1-1992, f. & cert. ef. 3-26-92; PT 6-1997, f. & cert. ef. 12-12-97; PTLB 4-2001, f. & cert. ef. 1-4-01; PTLB 1-2004, f. & cert. ef. 12-29-04; PTLB 1-2010, f. 2-16-10, cert. ef. 3-1-10; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18

848-001-0010 Time for Requesting a Contested Case Hearing

A request for a contested case hearing must be in writing and must be received by the Board within thirty (30) days from the date the proposed notice of disciplinary action was served.

Stat. Auth. ORS 688.160
Stats. Implemented: ORS 183 & 688.160
Hist.: PTLB 2-2001, f. & cert. ef. 1-4-01; Renumbered from 848-010-0115, PTLB 1-2004, f. & cert. ef. 12-29-04; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 1-2010, f. 2-16-10, cert. ef. 3-1-10

848-001-0020 Filing Exceptions to the Board

After a proposed order has been served on a party, the Board shall notify the party when written exceptions must be filed to be considered by the Board. A licensee may request to appear before the Board to discuss the proposed sanction before the Board issues a Final Order.

Stat. Auth. ORS 688.160
Stats. Implemented: ORS 183 & 688.160
Hist.: PTLB 1-2001, f. & cert. ef. 1-4-01; Renumbered from 848-010-0120, PTLB 1-2004, f. & cert. ef. 12-29-04

DIVISION 5

BOARD ADMINISTRATION

848-005-0005 Name of Board

As used in OAR 848, "Physical Therapist Licensing Board" has the same meaning as "Oregon Board of Physical Therapy".

Statutory/Other Auth.: 2019 Oregon Laws Chapter 43, 2019; HB2092
Statutes/Other Implemented: 2019 Oregon Laws Chapter 43, 2019; HB2092
Hist.: PTLB 5-2019, f. 12-20-19, cert. ef. 1-1-20

848-005-0010 Establish Physical Therapist Licensing Board Budget for 19-21 Biennium

The Physical Therapist Licensing Board hereby adopts by reference the Physical Therapist Licensing Board 2021–2023 Biennium Budget of $1,768,363 covering the period from July 1, 2021 through June 30, 2023. The Executive Director of the Board will amend budgeted accounts as necessary within the approved budget of $1,768,363 for the effective operation of the Board. The Board will not exceed the approved 2021–2023 Biennium Budget expenditures without amending this rule, notifying holders of licenses, and holding a public hearing thereon as required, by ORS Chapter 182.462(1) and (2). Copies of the budget are available from the Board's office and posted on the Board’s website.

Stat. Auth.: ORS 688.210
Stats. Implemented: ORS 688.160(5)(c)
Hist.: PTLB 3-1999(Temp), f. & cert. ef. 9-7-99 thru 3-1-00; PTLB 5-1999, f. 11-23-99, cert. ef. 12-1-99; PTLB 5-2001(Temp) f. & cert. ef. 6-18-01 thru 9-30-01; PTLB 6-2001, f. & cert. ef. 10-1-01; PTLB 2-2003, f. 6-30-03, cert. ef. 7-1-03; Renumbered from 848-010-0105, PTLB 2-2004, f. & cert. ef. 12-29-04; PTLB 1-2005, f. & cert. ef. 4-8-05; PTLB 2-2007, f. 5-25-07, cert. ef. 6-1-07; PTLB 1-2009, f. & cert. ef. 5-14-09; PTLB 2-2009 f. 5-14-09 cert. ef. 7-1-09; PTLB 1-2011, f. 6-20-11, cert. ef. 7-1-11; PTLB 1-2013, f. 6-3-13, cert. ef. 7-1-13; PTLB 1-2015, f. 3-31-15, cert. ef. 7-1-15; PTLB 4-2019, f. 5-28-19, cert. ef. 7-1-19; OBPT 7-2021, f. 6-22-21, cert. ef. 7-1-21

848-005-0015 Board Member Compensation

A Board member shall receive up to $150 stipend for each day or portion thereof during which the member is engaged in the performance of official duties as follows:
1. Between 30 minutes and 4 hours, $75.
2. Greater than 4 hours, $150.
Performance of official duties is defined as:
1. Scheduled meetings:
  1. Board meetings, including special Board meetings via conference call or web conference.
  2. Board committee meetings.
2. Appointments with Board staff for Board business;
3. Legislative testimony; OR
4. Conferences and activities that the Board has requested that the member attend as its representative.
Each Board member shall receive a half day stipend for each regularly scheduled Board meeting preparation. This compensation is waived if the Board member does not attend the meeting for which they have prepared.

Statutory/Other Authority: ORS 688.160(4)
Statutes/Other Implemented: ORS 688.160(4)
Hist.: OBPT 3-2021, f. 2-26-21, cert. ef. 5-1-21

848-005-0020 Board Fees and Refunds

The following fees shall be paid to the Board:
1. Physical Therapist or Physical Therapist Assistant Examination Application Fee of $187.00, plus the actual cost to the Board of conducting a nationwide background verification.
2. Physical Therapist or Physical Therapist Assistant Endorsement Application Fee of $187.00, plus the actual cost to the Board of conducting a nationwide background verification.
3. Physical Therapist or Physical Therapist Assistant Military Spouse Temporary Permit Application Fee of $99.
4. Physical Therapist License Renewal Fee of $200.00, plus the actual cost to the Board of conducting a workforce demographics survey as required by ORS 676.410(6) as well as nationwide background verification.
5. Physical Therapist Assistant License Renewal Fee of $130.00, plus the actual cost to the Board of conducting a workforce demographics survey as required by ORS 676.410(6) as well as nationwide background verification.
6. Lapsed License Renewal Fee of $50.00 for renewal applications postmarked or received by the Board after March 31st of an even numbered year.
7. On-line renewal and application convenience fee not to exceed the actual processing costs of an on-line electronic transaction.
8. Physical Therapist or Physical Therapist Assistant Compact Privilege Fee of $102.00.
9. Physical Therapist or Physical Therapist Assistant Temporary Permits Fee of $50.00.
10. Physical Therapist or Physical Therapist Assistant Verification of Oregon Licensure or Verification of Application Status Letters/Forms Fee of $25.00.
11. Non-Sufficient Funds (NSF) Check Fee of $25.00.
12. Miscellaneous Fees:
  1. Physical Therapist and/or Physical Therapist Assistant electronic mailing list fee of $100.00.
  2. Photocopying administrative fee of $25.00, plus ten cents ($0.10) per copy.
Board refunds of overpayments in any amount of $25.00 or less will be held by the Board unless the payor requests a refund in writing.

Statutory/Other Authority: ORS 182.466(4)
Statutory/Other Implemented: ORS 182.466(4), 688.070(1)(2), 688.080, 688.100, 688.110, 2019 Oregon Laws Chapters 142.626.
Hist.: PT 6-1996, f. & cert. ef. 9-5-96; PT 3-1997, f. & cert. ef. 6-9-97; PLTB 1-1998, f. & cert. ef. 2-9-98; PTLB 6-1999, f. 11-23-99, cert. ef. 1-1-00; PTLB 4-2000, f. & cert. ef. 12-21-00; Renumbered from 848-010-0110, PTLB 2-2004, f. & cert. ef. 12-29-04; PTLB 3-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 1-2010, f. 2-16-10, cert. ef. 3-1-10; PTLB 2-2012(Temp), f. 11-30-12, cert. ef. 1-1-13 thru 3-31-13; Administrative correction, 4-22-13; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; PTLB 3-2015, f. 9-9-15, cert. ef. 1-1-16; PTLB 1-2018, f.3-30-18, cert. ef. 6-1-18; PTLB 6-2019, f. 12-20-19, cert. ef. 1-1-20; OBPT 8-2021, f. 8-5-21, cert. ef. 8-9-21; OBPT 1-2026, f. 1-29.26, cert. ef. 2-1-26

848-005-0030 Name, Address and Telephone Number of Record

Every applicant, licensee and temporary permit holder shall keep their legal name on file with the Board. For purposes of this rule, legal name includes a First, Middle and Last name.
Every applicant, licensee and temporary permit holder shall keep their home address on file with the Board. The home address must be a residential address and may not be a post office box number.
Every applicant, licensee and temporary permit holder shall keep a current contact telephone number and a private or public email address on file with the Board.
Every applicant, licensee and temporary permit holder shall keep the name, address and telephone number of their current employer or place of business on file with the Board.
Every applicant, licensee and temporary permit holder shall keep a current designated mailing address on file with the Board.
Whenever an applicant, licensee or temporary permit holder legally changes their name, they shall notify the Board in writing within 30 days of the name change and provide the Board with legal documentation of the name change.
Whenever an applicant, licensee or temporary permit holder changes their home or mailing address, their employer or place of business, their contact telephone number or their email address, they shall within 30 days, notify the Board in writing. Written notification may be by regular mail, email, facsimile, or through online submission.
Unless requested for a public health or state health planning purpose or unless extenuating circumstances exist, the Board will withhold the home address, private electronic mail address and personal telephone number of a licensee.

Statutory/Other Authority: ORS 182.466(4)
Statutes/Other Implemented: ORS 182.466(4), 688.070(1)(2), 688.080, 688.100, 688.110
Hist.: PTLB 2-2004, f. & cert. ef. 12-29-04; PTLB 3-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 1-2010, f. 2-16-10, cert. ef. 3-1-10; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18

DIVISION 10

LICENSED PHYSICAL THERAPISTS AND LICENSED PHYSICAL THERAPIST ASSISTANTS

848-010-0005 Pre-Educational Program Conviction Determination Process

Prior to beginning a required education or training, a person who was convicted of a crime may petition the Board for a determination as to whether a criminal conviction will prevent the person from receiving a license issued by the Board.
To be complete, a petition must include the following:
1. a complete and signed determination request form;
2. payment of applicable fees identified in OAR 848-005-0020;
3. the following records related to the final judgment of each criminal conviction;
  1. a certified copy of the judgment of criminal conviction;
  2. any charging document(s);
  3. the arrest report(s);
  4. probation and parole records, if they exist;
4. a written statement from the petitioner regarding the facts underlying the criminal conviction, and any intervening circumstances; and
5. a written statement or other document listing all criminal convictions, including dates of conviction and a summary of the facts, if the petitioner has more than one.
A separate completed petition and fee must be filed for each criminal conviction for which the petitioner is requesting a deterimation.
If any of the records in (3)(c) no longer exist, have been sealed or are otherwise unavailable to the petitioner, petitioner must provide evidence from the agency that held the record that the record no longer exists.
If any of the documents required under subsections (2) and (4) are not provided, petitioner will have 60 days to provide the required documents or information. Upon failure to comply, the petition will be deemed incomplete and will be closed.
The petition and the Board's determination are subject to Oregon's public records laws, and unless an exemption applies, the information in the petition and determination are subject to public disclosure.
The Board will reconsider a determination that a criminal conviction prevents the person from obtaining a license when the person submits a completed application for a license.
Upon reconsideration, the Board may rescind a previous determination that a criminal conviction does not prevent the person from obtaining a license if the applicant:
1. Has allegations or charges pending in criminal court;
2. Has failed to disclose a previous criminal conviction;
3. Has been convicted of another crime during the period between the determination and the person's submission of a completed application for an occupational or professional license; or
4. Has been convicted of a crime that, during the period between the determination and the poerson's submission of a completed application for an occupational or professional license, becamse subject to a change in state or federal law that prohibits licensure for an occupational or professional license because of a conviction of that crime.
Failure to disclose a previous criminal conviction includes any misrepresentation or a prior criminal conviction, any conealment or failure to dislcose a maerial fact about a prior criminal conviction, or any other misinformation regarding a prior criminal conviction.
Nothing in this rule prohibits the Board from denying licensure when the person submits a completed application for a reason other than conviction of a crime.
A determination under this rule is not considered a final determination of the Board.

Stat. Auth.: ORS 688.160
Stats. Implemented: Oregon Laws 2024, chapter 95, section 44 (SB 1552)
Hist.: OBPT 3-2025, f. 6-5-25, ef. 8-1-25

848-010-0010 Approval of Schools of Physical Therapy

All schools for physical therapists and physical therapist assistants that are accredited by the Commission on Accreditation in Physical Therapy Education (CAPTE), are considered approved schools of physical therapy. A school shall be considered to be an approved school of physical therapy within the meaning of this section if the school was accredited as above at the time the licensure applicant graduated. At its sole discretion, and on a case-by-case basis, the Board may grant licensure to an applicant who has graduated from a school of physical therapy if, at the time of his/her graduation, the school is a candidate for accreditation and subsequently is granted the accreditation.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.050, 688.055, 688.070 & 688.080
Hist.: PT 2, f. 8-22-74, ef. 9-25-74; PT 11, f. & ef. 12-28-77; PT 1-1979, f. & ef. 2-14-79; PT 1-1989, f. & cert. ef. 8-8-89; PT 4-1997, f. & cert. ef. 8-5-97; PTLB 3-2003, f. & cert. ef. 8-22-03; PTLB 9-2004, f. & cert. ef. 12-29-04; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14

848-010-0015 Examinations

Examinations for licensing of physical therapists and of physical therapist assistants shall be provided by an examination service approved by the Board. For purposes of this rule the Board’s approved examination shall be the Federation of State Boards of Physical Therapy’s (FSBPT) National Physical Therapy Examination (NPTE).
1. The overall passing score shall be based on a formula using the criterion-referenced scoring system.
2. An applicant may sit for the NPTE a maximum of three times within any 12-month period.
3. An applicant may sit for the NPTE a maximum of six times in a lifetime, per exam level.
4. An applicant is no longer eligible to sit for the NPTE if they have two previous scores of 400 or less per exam level.
5. All applications are valid for a period for six months from the date first received by the Board.
All completed applications for examination, non-refundable application fees and required documents must be received and approved by the Board.
Unless qualified for licensure by endorsement under OAR 848-010-0022, an applicant whose first professional degree in physical therapy was awarded from a foreign physical therapy program that is/was not CAPTE accredited must submit:
1. A Credentials Evaluation Statement ("the Report") of professional education and training prepared by a Board-approved credentials evaluation agency. The Report must be sent directly from the credentialing agency to the Board. It is the applicant's responsibility to pay the expenses associated with the credentials evaluation.
  1. The Report must provide evidence and documentation that the applicant's education outside a state or territory of the United States is substantially equivalent to the education of a physical therapist who graduated from an accredited physical therapy education program approved by the Board pursuant to ORS 688.050(2).
  2. To determine substantial equivalency, the approved credentialing evaluation agency shall use the appropriate Course Work Tool ("CWT") adopted by the Federation of State Boards of Physical Therapy. The appropriate CWT means the CWT in place at the time the foreign educated physical therapist files the application with the Oregon Board.
2. English Language Proficiency
  1. Verification that English is the native language of the country of origin, and the physical therapy program employs English as the language of training; or
  2. Verification that the applicant has achieved the following minimum scores for each category of the internet based TOEFL (ibTOEFL) examination: writing, 22; speaking, 24; reading, 22; listening, 21. All passing scores must be achieved on the same score report and the report date must be within two years of the NPTE examination application.
3. If applicant has taken a Board-approved national licensing examination prior to application for licensure in Oregon, a report of applicant's examination scores must be submitted to the Board directly from the Board-approved examination service.
4. If applicant holds or has held a license in the country in which the applicant received their physical therapy education, the applicant must provide primary source verification of the license.
The Examination must be given in the English language.
A physical therapist student or physical therapist assistant student may take the National Physical Therapy Examination (NPTE) up to 90 days prior to completion of the requirements for graduation from a CAPTE accredited program.
Any applicant who has graduated from an approved school of physical therapy and passed a Board-approved examination more than five years prior to application for licensure in the State of Oregon and who has not been actively licensed in any other state or territory of the United States for a five year period must demonstrate competence to practice physical therapy. If the applicant fails to demonstrate competence, the Board may require the applicant to serve an internship under a restricted license or satisfactorily complete a refresher course approved by the Board, or both, at the discretion of the Board. The Board may also require the applicant to pass an examination approved by the Physical Therapist Licensing Board as provided in OAR 848-010-0015.

Statutory/Other Authority: ORS 688.160
Statutes/Other Implemented: ORS 688.020, 688.040, 688.050, 688.055, 688.070, 688.090
Hist.: PT 2, f. 8-22-74, ef. 9-25-74; PT 6, f. 12-20-74, ef. 1-11-75; PT 10, f. & ef. 10-21-77; PT 11, f. & ef. 12-28-77; PT 1-1979, f. & ef. 2-14-79; PT 1-1983, f. & ef. 1-5-83; PT 1-1984, f. & ef. 5-3-84; PT 1-1989, f. & cert. ef. 8-8-89; PT 1-1990 (Temp), f. & cert. ef. 7-16-90; PT 2-1990, f. & cert. ef. 10-2-90; PT 1-1996, f. 1-16-96, cert. ef. 2-1-96; PT 2-1996, f. & cert. ef. 9-5-96; PT 1-1997, f. & cert. ef. 2-4-97; PTLB 4-1999, f. 11-23-99, cert. ef. 12-1-99; PTLB 1-2000, f. & cert. ef. 5-4-00; PTLB 3-2003, f. & cert. ef. 8-22-03; PTLB 9-2004, f. & cert. ef. 12-29-04; PTLB 4-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; PTLB 1-2010, f. 2-16-10, cert. ef. 3-1-10; PTLB 1-2012, f. 2-9-12, cert. ef. 3-1-12; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18; PTLB 1-2019, f. 3-4-19, cert.ef. 3-5-19; OBPT 4-2023, f. 3-31-23, cert. ef. 4-1-2023

848-010-0020 Endorsement of Out-of-State Physical Therapists and Physical Therapist Assistants

Physical therapists and physical therapist assistants not licensed in the State of Oregon may be licensed by endorsement if they comply with all of the following:

File a completed application form, pay a non-refundable application fee and submit required documents. All applications are valid for six months from the date first received by the Board.
Are at least 18 years of age.
Are graduates of an approved school for physical therapists or physical therapist assistants as provided in OAR 848-010-0010 and 848-010-0015(3).
At the time of application, applicant holds a valid, unrestricted license in any other state or territory of the United States.
Have passed the physical therapist or physical therapist assistant examination provided by a Board-approved examination service.

Statutory/Other Authority: ORS 688.160
Statutes/Other Implemented: ORS 688.080
Hist.: PT 2, f. 8-22-74, ef. 9-25-74; PT 5, f. 12-20-74, ef. 1-11-75; PT 1-1979, f. & ef. 2-14-79; PT 1-1983, f. & ef. 1-5-83; PT 1-1984, f. & ef. 5-3-84; PT 1-1989, f. & cert. ef. 8-8-89; PT 1-1990(Temp), f. & cert. ef. 7-16-90; PT 2-1990, f. & cert. ef. 10-2-90; PT 1-1996, f. 1-16-96, cert. ef. 2-1-96; PT 3-1996, f. & cert. ef. 9-5-96; PTLB 9-2004, f. & cert. ef. 12-29-04; PTLB 4-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; PTLB 1-2012, f. 2-9-12, cert. ef. 3-1-12; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18

848-010-0022 Endorsement of Out-of-State Foreign Educated Physical Therapists

A foreign educated physical therapist not licensed in the State of Oregon may be licensed by endorsement if the applicant meets or fulfills the requirements of subsections (1), (2), (4) and (5) of OAR 848-010-0020 and the Board receives all of the following additional items:

A certified copy of the Course Work Tool (CWT) used by a physical therapy licensing authority of a state or territory of the United States to make the determination to issue a license in that state or territory. The report must indicate that the applicant’s foreign physical therapy education was determined to be substantially equivalent to the education of a physical therapist who graduated from an accredited physical therapy program approved by the Oregon Board pursuant to ORS 688.050(2). To determine substantial equivalency, the approved credentialing evaluation agency shall use the appropriate CWT adopted by the Federation of State Boards of Physical Therapy. The appropriate CWT means the CWT in place at the time the foreign educated physical therapist graduated from their physical therapy program. The licensing authority of the state or territory must certify the report and must send it directly to the Oregon Board.
Proof of completion of a minimum of 1000 hours of clinical practice each year in a state or territory of the United States for three of the last ten years immediately prior to application. To meet this requirement, however, no more than five years can have elapsed since the applicant has had clinical practice in a state or territory of the United States. The applicant’s current or prior employer(s) must send this proof directly to the Oregon Board.
A written statement from the applicant’s most recent employer stating that the applicant practiced safely and competently. The employer must send this proof directly to the Oregon Board.
A foreign educated physical therapist who does not meet the requirements of this section may apply for licensure under OAR 848-010-0015(3).

Stat. Auth: ORS 688.160
Stats. Implemented: ORS 668.160(6)(c)
Hist.: PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; PTLB 1-2010, f. 2-16-10, cert. ef. 3-1-10

848-010-0026 Temporary Permits

A person who has graduated from a CAPTE accredited physical therapist or physical therapist assistant program in a state or territory of the United States and who is applying for the first time to take the Board approved licensing examination as defined in OAR 848-010-0015(1) may be issued a temporary permit for a period of up to three (3) months. Such applicant shall:
1. Submit a completed application for license by examination, pay a non-refundable application fee and submit all required documents with the exception of the exam score;
2. Request a temporary permit and pay the associated non-refundable fee; and
3. Register for and be released to sit for the exam.
A person who holds a temporary permit must practice under on-site supervision, which means that, at all times, a supervising therapist is in the same building and immediately available for consultation. Entries made in the patient record by a temporary permit holder must be authenticated by the temporary permit holder and by the supervising therapist.
As used in this rule, "supervising therapist" means an Oregon licensed physical therapist or physical therapist assistant designated as supervising the temporary permit holder on the day the temporary permit holder is providing treatment. A physical therapist assistant may not supervise a physical therapist temporary permit holder.
If a physical therapist assistant is supervising a physical therapist assistant temporary permit holder, a physical therapist must be readily available for consultation, either in person or by telecommunication, as provided in OAR 848-015-0020.
Within five (5) working days of beginning practice, the temporary permit holder must submit to the Board a completed "Temporary Permit Letter from Employer" form. The temporary permit holder must notify the Board of any change in employment during the period of the temporary permit by submitting a new "Temporary Permit Letter from Employer" within five (5) working days. A temporary permit holder must notify the employer immediately upon notification of a failing exam score.
A temporary permit issued under this rule shall expire when:
1. The Board received notification that the temporary permit holder failed the exam;
2. The temporary permit holder is issued a license; or
3. It has been three (3) months since the issuance of the temporary permit.
The Board may refuse to issue a temporary permit to an applicant or may revoke a temporary permit after issuance for any violation of ORS 688.010 to 688.240 or any Board rule.
A temporary permit holder whose temporary permit has expired due to failure of the exam or whose temporary permit has been revoked is not eligible to apply for another temporary permit.
A person who has previously taken and failed the exam at any time prior to application is not eligible to apply for a temporary permit.
In its discretion the Board may grant one 60 calendar day extension to a person who holds a temporary permit.
A person who holds a temporary permit issued under this rule is subject to all statutes and rules governing a licensee.

Statutory/Other Authority: ORS 688.110
Statutes/Other Implemented: ORS 688.110
Hist.: PTLB 3-2000, f. & cert. ef. 12-21-00; PTLB 9-2004, f. & cert. ef. 12-29-04; PTLB 4-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; PTLB 1-2010, f. 2-16-10, cert. ef. 3-1-10; PTLB 1-2012, f. 2-9-12, cert. ef. 3-1-12; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; PTLB 3-2015, f. 9-9-15, cert. ef. 1-1-16; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18; OBPT 12-2021, f. 12-13-21, cert. ef. 12-13-21

848-010-0027 Temporary Permit for Military Spouse

To qualify for a temporary permit to practice under this section, a military spouse must:
1. Be the spouse of a member of the Armed Forces of the United States who is stationed in Oregon.
2. Hold a qualified license. For the purposed of this rule, a qualified license means a current, unrestricted license to practice in good standing as a physical therapist or physical therapist assistant in another US state or jurisdiction that the Board determines has licensure requirements that are substantially similar to Oregon requirements for licensure. To be considered substantially similar, the licensure requirements of the other US state or jurisdiction must include at minimum:
  1. Verification of graduation from a CAPTE accredited educational program of physical therapy;
  2. Verification of passage of the NPTE exam;
  3. A fingerprint-based criminal background check;
  4. Verification of any other health practitioner licenses held; and;
  5. Continuing Competence (Continuing Education) requirements.
3. Demonstrate competency to practice by providing sufficient proof that individual received a passing score on the Oregon Jurisprudence Exam (OR-JAM).
A temporary permit to practice under this section will be granted upon completion and acceptance of:
1. A completed military spouse application form;
2. Payment of application fee as listed in OAR 848-005-0020;
3. Submittal of proof that the individual is the spouse of an active duty member of the US Armed Forces;
4. Submittal of proof of spouse's military duty order in Oregon;
5. Passing score on OR-JAM;
6. Verification of the substantial equivalency of licensure requirements of the qualifying license held in other US state or jurisdiction.
A temporary permit to practice under this section is valid until the earliest of the following:
1. Two years after the date of issuance;
2. The date the spouse of the person to whom the permit was issued completes their term of service in this state;
3. The date hte person's qualifying license issued by another state or jurisdiction expires, is revoked, suspended, or othersie no longer valid.
An individual granted a temporary permit to practice under this section, who subsequently applies for application by endorsement under OAR 848-010-0020 within 60 days of the issue date of the temporary permit may apply the temporary permit fee to the cost of the application by endorsement.
An individual granted temporary permit to practice under this section is required to comply with all statutes and rules that apply to an individual licensed as a physical therapist or physical therapist assistant, with the exception of:
1. Individuals are not eligible for a compact privilege.
2. Individuals do not need to complete the continuing competency requirements in OAR 848-035-0020.

Statutory/Other Auth.: 2019 Oregon Laws Chapters 142,626
Statutes/Other Implemented: 2019 Oregon Laws Chapters 142,626
Hist.: PTLB 7-2019, f. 12-20-19, cert. ef. 1-1-20

848-010-0028 Servicemember, Spouse or Domestic Partner SCRA Practice Permit

For the purposes of this rule, the following terms are defined:
1. "Domestic partner" means a domestic partner of a servicemember stationed and establishing residence in Oregon.
2. "Servicemember" means a member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard; the commissioned corps of the National Oceanic and Atmospheric Administration; and the commissions corps of the Public Health Service who is the subject of a military transfer to Oregon and who will reside in Oregon.
3. "Spouse" means a spouse of a servicemember stationed in and establishing residence in Oregon.
4. "State" includes all US States, the District of Columbia, Virgin Islands and Puerto Rico.
This section does not apply to any servicemember or spouse or domestic partner of a servicemember if that individual holds an active license in another State that is a member of the Physical Therapy Compact.
To qualify to practice in Oregon under this rule, a servicemember, spouse, or domestic partner must:
1. Hold an active license to practice as a physical therapist or physical therapist assistant in good standing in another State.
2. Have not had a license revoked or had disicpline imposed by any State licensing authority;
3. Have no investigations relating to unprofessional conduct pending in any State licensing authority; and
4. Have not voluntarily surrendered a license while under investigation for unprofessional conduct in any State.
5. Does not hold an active license as described in section (2).
A servicemember, spouse, or domestic partner who meets the requirements in section (3) may apply for a permit to practice under this rule in Oregon by submitting the following to the Oregon Board of Physical Therapy:
1. The Board's application form in the manner prescribed by the Board and the applicable fees in OAR 848-005-0020;
2. For a spouse or domestic partner a marriage certificate or satisfactory evidence of a domestic partnership, which includes the name of the applicant and the name of the servicemember;
3. Proof of military orders for military service in Oregon;
4. Proof of intent to establish residency in the state; and
5. An affidavit affirming, under the penalty of law:
  1. The applicant is the person described and identified in the application;
  2. All statements made in the application are true, correct, and complete;
  3. The applicant has read and understands the licensure requirements and scope of practice in Oregon;
  4. The applicant meets and will comply with Oregon laws governing the practice of physical therapy;
  5. The applicant is in good standing in all States in which the applicant holds or has held a license; and
  6. The applicant must maintain their qualifying active license in the other State for the during of their orders, including renewal of that license, if applicable.
6. If requested by the Board, license verifications from al states or territories in which the applicant is currently or previously licensed to practice and evidence that the applicant is in god standing an not subject to any disicplinary action or pending investigations in that state or territory; and
7. Submit fingerprints for the purpose of a criminal records background check.
The Board will review and act on the information submitted in accordance with the rules adopted by the Oregon Board of Physical Therapy. In addition, for any application submitted under this rule, the Board may:
1. Review and investigate the applicantto determine whether the applicant meets the requirements of the rules, icnluding but not limited to confirming the veractiy of submitted documentation or requesting additional documentation.
2. Deny an application if the applicant fails to meet the minimum requirements for licensure or if the Board is unable to authenticate submitted documents.
A person authorized to practice under this rule must practice in accordance with ORS 688 and any rules adopted by the Oregon Board of Physical Therapy.
The Board will monitor applicable systems for the duration of the permit to ensure the individual remains in good standing with any state or territory in which the licensee maintains an active license.
A person authorized to practice under this rule must disclose to the Board any subsequent disciplinary action or investigation opened against any physical therapy license in any state where they hold an active license, or any subsequent voluntary surrender of active license.
A permit issued under this rule is valid for the duration of the military orders and wil expire based on the date of the military orders as long as the qualifying license is maintained active and in good standing. A person authorized to practice under this rule is responsible for providing the Board the military orders ending military service in Oregon.
The Board may investigate and take disciplinary action as described in OAR chapter 688 against a person authorized to practice under this rule for any reason that it may take disciplinary action against a licensee in ORS 688 and OAR chapter 848.
A person authorized to practice under this rule desiring to continue practice in Oregon beyond the duration of the military orders, must apply as a new applicant by submiting the license application form and fee, meeting all current licensing requirements, and satisfactorily completing the application process.
A person qualified for authorization to practice under this rule is not required to apply under this rule and may apply for any other applicable form of licensure for which they qualify, including the temporary permit for military spouse under OAR 848-010-0027.

Statutory/Other Authority: ORS 688.160
Statutes/Other Implemented: ORS 688.140, 676.303(3), 50 USC 4025a
Hist.: OBPT 4-2025, f. 5-28-25, ef. 8-1-25

848-010-0033 Renewal Of License Required

All physical therapist and physical therapist assistant licenses lapse on March 31 of each even numbered year, regardless of the initial issue date. Physical therapists and physical therapist assistants must renew their licenses to practice effective April 1 of each even numbered year. A license is considered lapsed if a completed renewal application is postmarked or electronically received after March 31 of an even number year. A person whose license has lapsed must immediately stop practicing as a physical therapist or a physical therapist assistant and shall not practice until the license is renewed.
The renewal period shall be January through March 31st of an even number year. The Board will attempt to provide renewal notification to all current licensees during the month of January.
If the completed license renewal application is postmarked or received by the Board after March 31st in addition to the license renewal fee, the licensee is subject to a lapsed license renewal fee as provided in OAR 848-005-0020(1)(e).
A licensed physical therapist must complete the renewal application process and pay the renewal fee provided in OAR 848-005-0020(1)(c).
A licensed physical therapist assistant must complete the renewal application process and pay the renewal fee provided in OAR 848-005-0020(1)(d).
Each currently licensed physical therapist and physical therapist assistant must complete the continuing competence requirements as provided in Division 35 of these rules before they may renew.

Statutory/Other Authority: ORS 688.110
Statutes/Other Implemented: ORS 688.110
Hist.: PTLB 9-2004, f. & cert. ef. 12-29-04; PTLB 4-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; PTLB 3-2015, f. 9-9-15, cert. ef. 1-1-16; PTLB 3-2108, f. 8-16-18, cert. ef. 9-1-18

848-010-0035 Renewal of Lapsed Licenses

Any license that is not renewed before April 1 of each even number year shall automatically lapse. No person whose license has lapsed shall practice until the license is renewed. Failure to receive a renewal notice shall not excuse any licensee from the requirements of renewal. The Board may renew any lapsed license upon payment of all past unpaid renewal fees, payment of a single lapsed license renewal fee as provided in OAR 848-005-0020(1)(e) and, if applicable, documentation of completion of the continuing competence requirements as provided in 848-035-0020(5). An applicant whose license has lapsed for non-completion of the continuing competence requirements may renew the lapsed license upon completion of the continuing competency requirements for the immediately prior certification period. Continuing competence hours earned after March 31st of the even-numbered year to fulfill the requirements necessary to renew the lapsed license shall apply only to the prior certification period.
Any individual renewing a license that has been lapsed between one to five years must show evidence of completion of a minimum of 24 hours of continuing competency during the 24 months immediately prior to the renewal date and complete the Board's curent fingerprint-based background check and jurisprudence examination. However, an applicant with a lapsed Oregon license who holds a current license in another state or jurisdiction which has a requirement for continuing competence or continuing education and who has completed that requirement, shall be exempt from the continuing competency requirements of this subsection.
In the event that an applicant's Oregon physical therapy license has lapsed for five or more consecutive years and they do not hold a license in another state or territory of the United States, the applicant must demonstrate competence to practice physical therapy. If the applicant fails to demonstrate competence, the Board may require the applicant to serve an internship under a restricted license or satisfactorily complete a refresher course approved by the Board, or both, at the discretion of the Board. The Board may also require the applicant to pass an examination approved by the Physical Therapist Licensing Board as provided in OAR 848-010-0015. Once the applicant has demonstrated competence to the satisfaction of the Board, the applicant is subject to the requirement for licensure by examination as provided in OAR 848-010-0015.
If the applicant holds a current physical therapist or physical therapist assistant license in another state or jurisdiction and the applicant's Oregon license has lapsed for five or more consecutive years, the applicant may apply for a license by endorsement as provided in OAR 848-010-0020.

Statutory/Other Authority: ORS 688.160
Statutes/Other Implemented: ORS 688.100
Hist.: PT 2, f. 8-22-74, ef. 9-25-74; PT 10, f. & ef. 10-21-77; PT 1-1979, f. & ef. 2-14-79; PT 1-1989, f. & cert. ef. 8-8-89; PT 5-1996, f. & cert. ef. 9-5-96; PTLB 9-2004, f. & cert. ef. 12-29-04; PTLB 4-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 1-2012, f. 2-9-12, cert. ef. 3-1-12; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; PTLB 3-2015, f. 9-9-15, cert. ef. 1-1-16; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18

848-010-0044 Grounds for Refusal to License an Applicant

After notice and opportunity for hearing as provided in ORS 688.145, the Board may refuse to license, or may limit or restrict the license of an applicant who:

Is not a person of good moral character as provided in OAR 848-045-0020(2)(i);
Willfully made a false statement on the application;
Failed to disclose requested information or provided false or materially misleading information on the application or during the process of applying for a license or temporary permit;
Has practiced physical therapy without a license or has purported to be a therapist in violation of ORS 688.020;
Has a mental, emotional or physical condition which impairs the applicant's ability or competency to practice physical therapy in a manner consistent with the public health and safety;
Has an addiction to or a dependency on alcohol, legend drugs or controlled substances which impairs the applicant's ability or competency to practice physical therapy in a manner consistent with the public health and safety;
Has been disciplined or had an application for licensure refused by another Oregon state licensing board or out-of-state licensing board for an act which if committed in Oregon would be grounds for discipline under ORS 688.140 or OAR 848-045-0020;
Has been convicted of violating any federal law or state law relating to controlled substances, subject to the provisions of ORS 670.280(2); or
Has been convicted of any crime that is a felony or misdemeanor under the laws of any state or of the United States, subject to the provisions of ORS 670.280(2).

Stat. Auth: ORS 688.160
Stats. Implemented: ORS 688.100
Hist.: PTLB 9-2004, f. & cert. ef. 12-29-04; PTLB 4-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14
Screening and Selection of Personal Service Contractors

848-010-0105 [Renumbered to 848-005-0010]

848-010-0110 [Renumbered to 848-005-0020]

848-010-0115 [Renumbered to 848-001-0010]

848-010-0120 [Renumbered to 848-001-0020]

DIVISION 15

PHYSICAL THERAPIST ASSISTANTS

848-015-0010 Definitions

Under ORS 688.010(4), a physical therapist assistant is defined as a person who assists a physical therapist in the administration of physical therapy. The physical therapist assistant's function is to assist the physical therapist in patient-related activities and to perform delegated procedures that are commensurate with the physical therapist assistant's education, training, experience, and skill.
"Supervising physical therapist" means either the last physical therapist to see the patient, or the physical therapist designated as in charge of the patient on the day the patient is being treated.

Stat. Auth.: ORS 688.160 & 688.055
Stats. Implemented: ORS 688.020, 688.040, 688.055, 688.070, 688.080 & 688.090
Hist.: PTLB 3-2004, f. & cert. ef. 12-29-04; PTLB 5-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07

848-015-0020 Scope of Practice

For purposes of the provision of physical therapy services, a physical therapist assistant shall work solely under the clinical supervision and direction of a physical therapist.
A physical therapist assistant may provide physical therapy treatment only when a supervising physical therapist is available. As used in this rule "available" means that at all times a supervising physical therapist is readily accessible for consultation with the assistant, either in person or by means of telecommunications.
A physical therapist assistant may provide physical therapy treatment only after a physical therapist has performed an initial evaluation and prepared a plan of care.
A physical therapist assistant may prepare a final summary of a patient's physical therapy status upon discharge as provided in OAR 848-040-0165.
A physical therapist assistant shall work in compliance with the standards set out in Division 40 of these rules.
If authorized by a supervising physical therapist, a physical therapist assistant may provide limited services to a student in a school setting for up to 10 school days after the date when a reassessment is required to be performed under OAR 848-0040-0155(2)(b) or (c). The services that may be provided under this paragraph are limited to coordinating with other persons and instructing a teacher or educational or instructional assistant or nursing aide in physical management strategies to insure that the student can access the classroom and related educational services in compliance with and continued implementation of the student's individualized education plan as defined in OAR 848-040-0100(3).

Statutory/Other Authority: ORS 688.160 & 688.055
Statutes/Other Implemented: ORS 688.020, 688.040, 688.055, 688.070, 688.080 & 688.090
Hist.: PTLB 3-2004, f. & cert. ef. 12-29-04; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18

848-015-0030 Prohibited Acts

A physical therapist assistant shall not:
1. Perform an initial evaluation.
2. Perform the required reassessment provided in OAR 848-040-0155. However, a physical therapist assistant may participate with the physical therapist in gathering data to be included in the required reassessment of a patient for whom the assistant has been providing treatment.
3. Independently make modifications to the plan of care or objective goals. However, an assistant may collaborate with the physical therapist in making modifications or changes to the plan of care or goals based on the assistant's treatment of that patient and the patient's condition, progress or response to the treatment.
4. Independently make the decision to discharge a patient from therapy. However, a physical therapist assistant may make recommendations regarding discharge to the supervising physical therapist based on the assistant's treatment of the patient.
5. Perform high velocity manipulation of the spine or peripheral joints.
As provided in ORS 688.020(2), no person shall work as a physical therapist assistant unless that person is licensed under ORS 688.090.

Statutory/Other Authority: 688.055, ORS 688.160
Statutes/Other Implemented: ORS 688.020, 688.040, 688.055, 688.070, 688.080 688.090
Hist.: PTLB 3-2004, f. & cert. ef. 12-29-04; PTLB 5-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18

DIVISION 20

PHYSICAL THERAPIST AIDES

848-020-0000 Definitions

As used in this division:

“Physical therapist aide” or “aide” means a person who is not licensed as a physical therapist or physical therapist assistant, who aids a physical therapist or physical therapist assistant by performing treatment-related tasks or by performing non-treatment, patient-related tasks. Although they may be providing services to a patient pursuant to direction or instruction from a physical therapist or physical therapist assistant, the following persons are not considered physical therapist aides:
1. Educational or instructional aides or assistants working in a school setting; or
2. Nurses aides, restorative aides or personal care assistants. Persons performing facility maintenance, equipment assembly and maintenance, housekeeping, clerical, or other similar tasks are not considered aides.
“Physical therapist” or “physical therapist assistant” includes a person who holds a temporary permit issued under OAR 848-010-0026.
“Treatment-related task” means a physical therapy service rendered directly to a patient.
“Non-treatment, patient-related task” means a task related to preparation of treatment areas, transport of patients, preparation of patients for treatment and other patient-related tasks.
“Supervise” means to provide the amount of personal direction, assistance, advice and instruction necessary to reasonably assure that the supervisee provides the patient competent physical therapy services, given the supervisor’s actual knowledge of the supervisee’s ability, training and experiences. Additionally, supervision of:
1. A treatment-related task requires that the supervising physical therapist or physical therapist assistant be in the same building and within sight or earshot of the aide who is performing the treatment-related task, such that the supervising physical therapist or physical therapist assistant is immediately available at all times to provide in person direction, assistance, advice, or instruction to the aide or the patient. A physical therapist may delegate supervision of an aide to a physical therapist assistant;
2. A non-treatment, patient-related task requires that the supervising physical therapist or physical therapist assistant be in the building where the aide is performing the task.
“Authentication” means the process by which the licensee reviews and validates the accuracy of the record entry. By authenticating a record entry, the licensee certifies that the services described were performed by the authenticating licensee or performed by a person under that licensee’s supervision.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160 & 688.210
Hist.: PT 3-1994, f. & cert. ef. 7-29-94; PTLB 4-2004, f. & cert. ef. 12-29-04; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14

848-020-0010 Eligibility Standards

A physical therapist aide shall:

Be at least 18 years of age.
Have received a high school diploma or equivalent.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160 & 688.210
Hist.: PT 3-1994, f. & cert. ef. 7-29-94; PTLB 4-2004, f. & cert. ef. 12-29-04

848-020-0030 Supervision; Delegation of Supervision; Professional Responsibility of Supervisors and Supervisees

The physical therapist shall supervise the physical therapist aide in each treatment task and each non-treatment, patient-related task assigned to the aide. The supervising physical therapist may delegate to a physical therapist assistant supervision of the aide.
A physical therapist or physical therapist assistant shall not permit an aide to perform a treatment-related task or a non-treatment, patient-related task except under the supervision of a physical therapist or physical therapist assistant. A licensee shall not permit an aide to administer a task that is prohibited under OAR 848-020-0060, and shall not permit an aide to administer a non-prohibited procedure or modality to a patient unless a licensee has previously administered the entire specific procedure or modality to the patient.
A physical therapist or physical therapist assistant may supervise a maximum total of two physical therapist aides, when the aides are performing treatment-related tasks. In addition, a physical therapist or physical therapist assistant may supervise additional aides who are not performing treatment related tasks.
Use of an aide to perform tasks as allowed by this rule shall not constitute a violation of OAR 848-045-0020(2)(s).
A physical therapist or physical therapist assistant is responsible for the competent performance of tasks assigned to an aide whom the physical therapist or physical therapist assistant is supervising as provided in OAR 848-020-0000(5).
A physical therapist assistant is always also professionally responsible for all acts and omissions of each aide under the physical therapist assistant's supervision.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160 & 688.210
Hist.: PT 3-1994, f. & cert. ef. 7-29-94; PTLB 4-2004, f. & cert. ef. 12-29-04; PTLB 4-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09

848-020-0040 Training

Prior to allowing a physical therapist aide to perform any treatment-related task, the supervising physical therapist shall assure that the aide has undertaken 40 hours of on-the-job training as follows:
1. A minimum of 10 hours of instruction on professional/medical ethics, patient confidentiality, universal precautions, body mechanics, physical medicine terminology and safety procedures;
2. A minimum of 30 hours of instruction in the facility in areas appropriate to that particular physical therapy facility, including but not limited to precautions and contraindications for physical therapy treatments routinely provided at the facility, and supervised practical applications of appropriate treatment protocols and techniques. Changes in employment shall require another 30 hours of instruction appropriate to that facility;
3. However, physical therapist or physical therapist assistant students, upon successful completion of the first year of study, may be employed as an aide with a minimum of 8 hours of instruction appropriate to that facility;
4. A person who has successfully completed a CAPTE accredited physical therapist or physical therapist assistant program, may be employed as an aide with a minimum of 8 hours of instruction appropriate to that facility.
The supervising physical therapist shall be responsible for documentation of the training for each aide, and shall maintain this documentation at the facility for a minimum of 5 years after termination of employment and make it available to the Board upon request. The supervising physical therapist also shall respond to any inquiry by the Board concerning the training provided to an aide. The aide training record shall include but not be limited to:
1. Aide position description;
2. Policies and procedures clearly stating the aide's duties, as set forth in OAR 848-020-0060;
3. Training schedule, which includes but is not limited to:
  1. Start date for the training;
  2. Activity/description of training;
  3. Amount of time spent on training for each activity;
  4. Date training is complete;
  5. Names of instructors and aide, including signature of each instructor and aide;
  6. If applicable, documentation of training received outside of the facility in the form of a letter or copies of the previous training record. Documentation must include the level of responsibility of the aide.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160 & 688.210
Hist.: PT 3-1994, f. & cert. ef. 7-29-94; PT 5-1997, f. & cert. ef. 8-5-97; PTLB 4-2004, f. & cert. ef. 12-29-04

848-020-0050 Assignment of Tasks to Aides

A supervising physical therapist or physical therapist assistant may assign treatment-related tasks and non-treatment, patient-related tasks to an aide.
Prior to allowing an aide to perform any treatment-related task:
1. The physical therapist must provide an initial evaluation of the patient and develop a plan of care;
2. The physical therapist or physical therapist assistant shall assess the competence of the aide to perform an assigned treatment-related task for that patient in a safe and effective manner;
3. The physical therapist or physical therapist assistant must assign only those tasks which are appropriate for the aide to perform for that patient based on the aide's training, experience and ability.
A physical therapist or physical therapist assistant shall not permit an aide to administer a non-prohibited procedure or modality to a patient unless a licensee has previously administered the entire specific procedure or modality to the patient as per OAR 848-020-0030(2).
When a treatment-related task is performed by an aide, the supervising physical therapist or physical therapist assistant shall, at some point during each treatment, provide direct service to the patient to assess and monitor the patient's progress, and so document in the patient's record.

Statutory/Other Authority: ORS 688.160
Statutes/Other Implemented: ORS 688.160 & 688.210
Hist.: PT 3-1994, f. & cert. ef. 7-29-94; PTLB 4-2004, f. & cert. ef. 12-29-04; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18

848-020-0060 Prohibited Treatment-Related Tasks

A physical therapist or physical therapist assistant shall not permit an aide to perform any of the following treatment-related tasks:

Administer iontophoresis. However, an aide who has been trained to do so may assist with iontophoresis by applying the medication to the electrode so long as a physical therapist or physical therapist assistant administers it to the patient.
Administer phonophoresis. However, an aide may operate the sound head if the physical therapist or physical therapist assistant has applied the medication to the patient, determined the treatment protocols and parameters, as provided in the plan of care, and authorizes the aide to provide the treatment.
Administer electrotherapy. However an aide may perform this task if the physical therapist or physical therapist assistant has examined the patient in person on the day of treatment and determined the electrode placements, treatment protocols and parameters, as provided in the plan of care, and authorizes the aide to provide the treatment.
Administer ultrasound. However an aide may perform this task if the physical therapist or physical therapist assistant has examined the patient in person on the day of treatment and determined the treatment protocols and parameters, as provided in the plan of care, and authorizes the aide to provide the treatment.
Administer mechanized or manual traction.
Perform manual stretching with the goal of increasing range of motion, neuro-facilitation or cardiac therapeutic exercise.
Perform soft tissue mobilization or massage (other than effleurage and petrissage). However, an aide who is separately licensed or registered under another Oregon statute to do so may perform these tasks if done under the direction and on-site supervision specified in OAR 848-020-0000(5)(a).
Wound debridement.
Administer tilt table or standing frame. However an aide may perform these tasks if the physical therapist or physical therapist assistant has examined the patient in person on the day of treatment and determined the treatment protocols and parameters, as provided in the plan of care, and authorizes the aide to provide the treatment.
Joint mobilization or manipulation.
Determine or modify a plan of care.
Initiate or administer a physical therapy intervention the first time that intervention is administered or provided to a patient. This prohibition means that a physical therapist or physical therapist assistant must provide or administer the entire specific intervention before delegating that task to an aide.
Independently make entries in a patient record, except for objective information about the treatment provided by the aide. The aide shall sign the record entry as provided in OAR 848-040-0150(2). A physical therapist or physical therapist assistant may also dictate information to an aide for entry into a patient medical record, so long as the physical therapist or physical therapist assistant authenticates such entries.
Instruct a patient or a patient's caregiver in the application of any treatment.
Except as required to respond to an inquiry by the Board or other person authorized to receive the information, answer or discuss any questions regarding a patient's status or treatment with anyone other than the physical therapist or physical therapist assistant.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160 & 688.210
Hist.: PT 3-1994, f. & cert. ef. 7-29-94; PTLB 4-2004, f. & cert. ef. 12-29-04; PTLB 6-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14

DIVISION 35

CONTINUING COMPETENCE

848-035-0010 Purpose

The 2005 Oregon Legislation gave new authority to the Oregon Board of Physical Therapy, effective January 1, 2006, to adopt rules establishing minimum continuing competence requirements for all licensees. The following rules set out the requirements.

Stat. Auth./O.A.: ORS 688.160
Stats./Implemented: ORS 688.160(6)(g)
Hist.: PTLB 1-2006, f. & cert. ef. 4-14-06; PTLB 1-2014, f. 2-21-14, cert. ef. 4-1-14; PTLB 2-2020, f. 6-12-20, cert. ef. 6-19-20

848-035-0015 Definitions

As used in this Division:

“Continuing Competence” means continuing education mandatory requirements, course work or other professional activities as provided in OAR 848-035-0030(1), (2) and (3).
"Certification period" means a 24 month continuing competence certification period which runs from April 1st of each even numbered year, through March 31st of the next even numbered year, (e.g. April 1, 2018 through March 31, 2020).
"Hours" means contact hours.

Statutory/Other Authority: ORS 688.160
Statutes/Other Implemented: ORS 688.160(6)(g)
Hist.: PTLB 1-2006, f. & cert. ef. 4-14-06; PTLB 1-2014, f. 2-21-14, cert. ef. 4-1-14; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18, PTLB 2-2020, f. 6-12-20, cert. ef. 6-19-20

848-035-0020 Required Hours and Period for Completion

All licensed physical therapists and physical therapist assistants are required within each certification period to complete 24 hours of continuing competence consistent with the requirements, minimums and maximums as defined in OAR 848-035-0030. No single qualifying continuing competence activity may be less than .5 hours.
Except as provided in subsections (3), (4) and (5) of this rule, for purposes of determining whether a licensee has satisfied the continuing competence requirement under this rule, the Board will accept all qualifying continuing competence hours completed any time within the current certification period in which the license was issued or renewed, regardless of the specific date the license was issued or renewed. This includes continuing competence taken by student physical therapists or student physical therapist assistants, outside their program requirements, while they are enrolled in a physical therapy program.
Notwithstanding the provisions of subsection (2) of this rule, a licensee must complete and document pursuant to OAR 848-035-0040, all 24 hours of continuing competence hours prior to renewal of license.
Notwithstanding the provisions of part (1) of this rule, any person who is first issued a license, or who renews a license that lapsed at the end of the prior certification period, must complete continuing competence hours in the current certification period as follows:
1. If initially licensed or renewed anytime during the first year of a certification period (April 1st of an even numbered year through March 31st of an odd numbered year), the individual must complete the full 24 hours of continuing competence required for that certification period. A licensee whose license lapses on April 1st of an even numbered year, regardless of the reason, and who subsequently renews the lapsed license during the first 12 months of a new certification period, shall provide documentation of completion of the continuing competence requirements for the immediately prior certification period before the license will be renewed. For this purpose, the continuing competence activities may be completed in the prior or current certification period, however, any specific activity can only be applied once.
2. If initially licensed or renewed any time during the second year of a certification period (April 1st of an odd numbered year through March 31st of an even numbered year), the individual must complete one-half (12 hours) of the continuing competence required for that certification period.
3. Thereafter, such licensees must complete the same continuing competence requirements as other licensees.
Notwithstanding the provisions of this rule and OAR 848-010-0033(6), a physical therapist or physical therapist assistant who is first licensed between January 1st to and including March 31st of an even numbered year and is renewing a license during an even numbered year is not required to complete continuing competence for the current certification period. Thereafter, such licensee shall be subject to the continuing competence requirement for all subsequent certification periods.
Failure to complete the required continuing competence by March 31st of an even-numbered year shall constitute a violation of this Division 35.
In individual cases involving physical disability or illness, undue hardship, or active military duty, the Board may grant waivers of the continuing competency requirements or extensions of time to fulfill the requirement. Requests for waiver or extension shall be made to the Board, in writing.

Statutory/Other Authority: ORS 688.160
Statutes/Other Implemented: ORS 688.160(6)(g)
Hist.: PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; PTLB 1-2014, f. 2-21-14, cert. ef. 4-1-14; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18; PTLB 2-2020, f. 6-12-20, cert. ef. 6-19-20; OBPT 2-2022, f. 10-20-22, cert. ef. 10-21-22

848-035-0030 Continuing Competence Requirements and Restrictions

Mandatory Requirements: Of the 24 required hours of continuing competence, all licensees must complete the following mandatory course requirements as follows, when applicable:
1. Pain Management: All Oregon physical therapists and physical therapist assistants must complete the on-line pain management module provided by the Oregon Pain Management Commission as follows:
  1. At initial licensure.
  2. At each renewal, unless the date course was completed for initial licensure was within one year of the renewal date.
2. Cultural Competence: Effective April 1, 2020, all licensed physical therapists and physical therapist assistants must complete a minimum of one hour of continuing competence that meets the criteria established by the Oregon Health Authority pursuant to OAR 943-090-0020 for cultural competency education. This requirement must be completed each certification period.
1. The Board shall accept courses approved by the Oregon Health Authority (OHA) under ORS 413.450.
2. The Board may accept other courses to the extent that the course includes content that addresses the examination of practitioner values and beliefs, devleoping and applying skills supporting an inclusive approach to health care practice that improves health outcomes by reducing health disparities and inequities, and which recognizes the context and complexities of provider-patient communication and interaction and preserving the dignity of individuals, families, communities.
Clinical Courses or Activities: In addition to the mandatory requirements in part (1) of this rule, the continuing competence requirements of this Division 35 may be satisfied through clinical courses or activities, directly related to the delivery or provision of physical therapy which may include:
1. Courses, seminars, activities, and workshops sponsored, certified, or approved by an established and recognized health related organization or professional association recognized by the Board, unless excluded under part (4);
2. Courses, seminars or activities approved for continuing education or competency by other states which require continuing education or competency for physical therapists or physical therapist assistants, excluding other state jurisprudence exams and other content excluded under part (4);
3. Courses provided by an accredited institution of higher education, which may include but are not limited to, courses leading to an advanced degree in physical therapy or other courses that advance the licensee’s physical therapy competence. For purposes of this rule, one college credit is equal to 10 (ten) contact hours;
4. Individual home study courses approved by an entity under (a), (b), or (c) above which require an examination;
5. Courses in cardiopulmonary resuscitation (CPR), Basic Life Support (BLS), or Advanced Cardiac Life Support (ACLS), will be limited to one hour of continuing competence credit, regardless of the length of the course. A licensee may receive credit for completion of a CPR, BLS, or ACLS course only one time during any certification period, however, a course may be repeated during each subsequent certification period;
6. Courses or lectures which a licensee presents if the course or lecture awards continuing competence hours to participants and the licensee requests continuing competence credit from the Board;
  1. The licensee may receive continuing competence hours equivalent to the actual credit hours awarded to participants for that portion of the program which the licensee presents;
  2. The maximum cumulative credit granted for presenting courses or lectures shall be no more than one third of the total continuing competence requirement during any certification period and;
  3. A licensee may receive credit for presenting a particular course or lecture only one time during any certification period, regardless of how many times the licensee presents that course or lecture;
7. Publishing an article in a peer review journal;
  1. The maximum credit granted for publishing an article shall be one third of the total continuing competence requirement during any certification period, up to 8 hours and;
  2. A licensee may receive credit for publishing an article only one time during any certification period;
8. Serving as a certified clinical instructor as follows:
  1. A licensee who has completed a Board-approved clinical instructor certification program prior to supervising a student may receive continuing competence credit equivalent to 1 credit hour for each 40 hours of direct clinical instruction to a physical therapist student or physical therapist assistant student enrolled in a physical therapy or physical therapy assistant program.
  2. The maximum cumulative credit granted for serving as a clinical instructor shall be no more than one-third of the total continuing competence requirement during any certification period, up to 8 hours.
  3. The licensee must obtain a letter or certificate from the student’s academic institution verifying that the student has completed the course of clinical instruction;
9. Completion of a specialty certification through the American Board of Physical Therapy Specialists (ABPTS), which shall qualify for a maximum 24 hours of continuing competence during the period in which the specialist certification is awarded;
10. Completion of a clinical residency or fellowship program accredited or recognized by the American Board of Physical Therapy Residency and Fellowship Education (ABPTRFE), which shall qualify for a maximum of 24 hours of continuing competence during the period in which the residency or fellowship was completed;
11. Passing the Board approved Oregon jurisprudence examination which shall qualify for 3 hours of continuing competence. A licensee may receive credit for completion of the jurisprudence examination only one time during any certification period, however, the course may be repeated each certification period;
12. Successful completion of the Oregon Pain Management Commission's web based pain management module which shall qualify for the amount of continuing competence credit shown on the certificate. A licensee may receive credit for completion of the pain management module only one time during any certification period and;
13. Courses or activities approved by the Board by special request. Request for approval shall be made to the Board, in writing, at least 60 days prior to license expiration.
Non-clinical courses or activities; optional: A portion of the continuing competence requirements of this Division 35 may be satisfied through the following non-clinical courses or activities recognized by an accredited institution or recognized health-related organization or professional association recognized by the Board. Courses completed under this part (3) may qualify for up to a maximum of 8 hours total, with no more than 4 hours maximum from any single category of coursework (a) to (d) within a certification period. A licensee initially licensed or whose lapsed license is renewed in the second year of a certification period, may complete up to 4 maximum hours total from any or all category of coursework (a) to (d).
1. Personal Development/Self Care
2. Business/Leadership
3. Professional Conduct/Ethics
4. Committee work or serving as an officer for the following: Oregon Board of Physical Therapy (OBPT), Oregon Physical Therapy Association (OPTA), American Physical Therapy Association (APTA) or the Federation of State Boards of Physical Therapy (FSBPT). Each meeting will count as one hour and must be documented with a certificate or letter signed by the Chair, Vice Chair, or officer of the organization.
Notwithstanding subsection (2) or (3) of this rule, activities which will not satisfy the continuing competence requirement include:
1. Courses provided by an accredited institution of higher education taken as part of the curriculum requirements of a CAPTE accredited physical therapy program;
2. Workplace non-clinical employee orientation programs or trainings completed as a condition of employment;
3. Courses, seminars or activities for which continuing competence hours were applied to an individual’s license renewal during the most immediate prior certification period;
A licensee may receive credit for completing a course, seminar or activity only one time during a certification period regardless of how many times the licensee attends that course, seminar or activity.
A licensee who completes more than the required number of continuing competency hours during a certification period, may request to carryover a maximum of 8 hours to the next immediate certification period. Requests to carryover hours shall be made to the Board, in writing, by February 1st of the even-numbered year prior to the end of the certification period into which the licensee wishes to carryover credits from the prior period.

Statutory/Other Authority: ORS 688.160
Statutes/Other Implemented: ORS 688.160(6)(g)
Hist.: PTLB 1-2006, f. & cert. ef. 4-14-06; PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; PTLB 1-2012, f. 2-9-12, cert. ef. 3-1-12; PTLB 1-2014, f. 2-21-14, cert. ef. 4-1-14; PTLB 3-2015, f. 9-9-15, cert. ef. 1-1-16; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18 ; PTLB 2-2020, f. 6-12-20, cert. ef. 6-19-20; OBPT 13-2021, f. 12-13-21, cert. ef. 12-13-21; OBPT 14-2021, f. 12-13-21, temporary effective 1-1-22 through 6-29-22; OBPT 1-2022, f. 6-10-22, cert ef. 6-28-22; OBPT 2-2022, f. 10-20-22, cert. ef. 10-21-22

848-035-0035 Pain Management Course Requirement for Physical Therapists - Rescinded

848-035-0040 Documentation of Continuing Competence

In order to qualify for credit against the required hours, a continuing competence course or activity must include a completion certificate. The certificate must include the title of the course or activity, the name of the sponsor or speaker, date of completion, number of hours and licensee's name.
The licensee is responsible for obtaining a completion certificate from the sponsor or speaker. The licensee is further responsible for retaining the certificate and submitting a legible copy to the Board in the manner designated by the Board before or during renewal of license. All completion certificates shall be retained by the licensee for a minimum of four (4) years from the certificate date.
The Board may require all or any percentage of physical therapists and physical therapist assistants who are renewing their licenses to provide additional documentation of completion of the continuing competence requirements of this Division 35.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160(6)(g)
Hist.: PTLB 1-2006, f. & cert. ef. 4-14-06; PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; PTLB 1-2012, f. 2-9-12, cert. ef. 3-1-12; PTLB 1-2014, f. 2-21-14, cert. ef. 4-1-14; PTLB 2-2020, f. 6-12-20, cert. ef. 6-19-20; OBPT 2-2022, f. 10-20-22, cert. ef. 10-21-22

DIVISION 40

MINIMUM STANDARDS FOR PHYSICAL THERAPY PRACTICE AND RECORDS

848-040-0100 Definitions

As used in this Division:

"Authentication" means the process by which the licensee reviews and validates the accuracy of the record entry. By authenticating a record entry, the licensee certifies that the services described were performed by the authenticating licensee or performed by a person under that licensee's supervision.
"Evidence-based practice" means the application of (1) best available research evidence, (2) clinical expertise, and (3) specific consideration of each patients' characteristics, values, and circumstances, to inform care.
“IDEA” means Individuals with Disabilities Education Improvement Act.
"IEP" means an Individualized Education Plan developed for a child/student qualified under the IDEA program.
"IFSP" means an Individualized Family Services Plan developed for a child qualified under the IDEA Early Intervention Program.
"Licensee" means a physical therapist or a physical therapist assistant and includes a temporary permit holder and an Oregon Compact privilege holder.
"Patient" means one who seeks and receives physical therapy services. For purposes of these rules, patient may include a person receiving services in a home, by telehealth or clinical setting, a student in a school setting, a child receiving early intervention services, a resident of a care facility, or an animal.
“Physical therapy intervention” means a treatment or procedure and includes but is not limited to: therapeutic exercise; gait and locomotion training; neuromuscular reeducation; manual therapy techniques (including manual lymphatic drainage, manual traction, connective tissue and therapeutic massage, mobilization/manipulation of soft tissue or spinal or peripheral joints, and passive range of motion); functional training related to physical movement and mobility in self-care and home management (including activities of daily living (ADL) and instrumental activities of daily living (IADL)); functional training related to physical movement and mobility in work (job/school/play), community, and leisure integration or reintegration (including IADL, work hardening, and work conditioning); prescription, application, and, as appropriate, fabrication of devices and equipment (assistive, adaptive, orthotic, protective, or supportive); airway clearance techniques; integumentary repair and protective techniques; electrotherapeutic modalities; physical agents and mechanical modalities; and patient related instruction and education.
"Plan of care" means a written course of physical therapy treatment established by a physical therapist following an initial evaluation which integrates the evaluation data collected to determine the degree to which physical therapy interventions are likely to achieve anticipated goals and expected outcomes.
"Student" means a child ages 3 to 21 who are enrolled in an educational institution and who qualifies for services under IDEA or Section 504 of the Rehabilitation Act, or other designated plan of care, or child ages 0-2 who qualifies under the IDEA Early Intervention Program.
“Student PT or Student PTA” means a person enrolled in a CAPTE accredited physical therapist or physical therapist assistant program and who is providing patient care as part of the required clinical education.
“Telehealth service” means a physical therapy intervention, including assessment or consultation, that can be safely and effectively provided using synchronous two-way interactive video conferencing, or asynchronous video communication, in accordance with generally accepted healthcare practices and standards. For purposes of these rules, “telehealth service” also means, or may be referred to, as “telepractice, teletherapy, or telerehab.”
“Domiciled” a person is domiciled in this state if the person’s place of abode is in the state and the person intends to remain in the state or, if absent, to return to it.

Statutory/Other Authority: ORS 688.160, ORS 688.240
Statutes/Other Implemented: ORS 688.160, 688.010, 688.210
Hist.: PTLB 6-2004, f. & cert. ef. 12-29-04; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; PTLB 1-2010, f. 2-16-10, cert. ef. 3-1-10; PTLB 2-2015, f. 8-27-15, cert. ef. 9-1-15; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18; OBPT 1-2025, f. 1-23-25, cert. ef. 3-1-25

848-040-0105 General Standards for Practice

Licensees shall practice competently. A licensee practices competently when they apply evidence-based practice with the appropriate knowledge, skill and degree of care and diligence that would be used by a reasonable, careful and prudent licensee under the same or similar circumstances.
A physical therapist must immediately refer a patient to an appropriate medical provider if signs or symptoms are present that require treatment or diagnosis by such provider or for which physical therapy is contraindicated or if treatment for the signs or symptoms is outside the knowledge of the physical therapist or scope of practice of physical therapy.
A licensee shall not delegate to another person any task that the person is not legally authorized to perform or is not qualified by training and experience to perform.
A licensee shall not provide treatment intervention that is not warranted by the patient's condition.
A licensee shall respect the privacy and dignity of the patient in all aspects of practice.
A licensee shall comply with the laws and rules governing the use and disclosure of a patient's protected health information as provided in ORS 192.553-192.581.
A licensee shall comply with the provisions of ORS 688.135(3) by displaying a copy of their current license in their place(s) of employment in a location accessible to public view, or by making a paper or electronic copy readily available upon request, or by displaying an electronic verification of current status from the Board’s website.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160, 688.010 & 688.210
Hist.: PTLB 6-2004, f. & cert. ef. 12-29-04; PTLB 8-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; OBPT 1-2025, f. 1-23-25, cert. ef. 3-1-25

848-040-0107 Standards for Use of Health Care Interpreters

Except as provided in subsection (a) of this section, a licensee who is reimbursed with public funds shall work with a health care interpreter from the health care interpreter registry administered by the Oregon Health Authority under ORS 413.558 when communicating with a patient who prefers to communicate in a language other than English, unless the licensee is proficient in the patient's preferred language.
1. A licensee who is otherwise required to work with a health care intepreter from the health care interpreter registry may work with a health care interpreter who is not listed on the health care interpreter registry only if the provider:
  1. Is employed by an education provider that provides education services to children from birth through age 21 and the interpreter is provided by the education provider in accordance with the education provider's requirements.
  2. Verifies, in writing, that the licensee has taken the appropriate steps needed to obtain a health care interpreter from the health care interpreter registry in accordance with the rules adopted by the Oregon Health Authority under ORS 413.558; or
  3. Has offered the patient the services of a health care interpreter from the health care interpreter registry and the patient declined the offer and chose a different interpreter.
2. A licensee shall give personal protective equipment, consistent with established national standards, to health care interpreters providing services on-site at no cost to the health care interpreter and may not suggest to the health care interpreter that the health care interpreter should procure the health care interpreter's own personal protective equipment as a condition of working with the licensee.
3. A licensee shall maintain records of each patient encounter in which the provider worked with a health care interpreter from the health care interpreter registry. The records must include:
  1. The name of the licensee;
  2. The health care interpreter's registry number; and
  3. The language interpreted.
For the purposes of this rule, education provider is defined as:
1. A school district, as defined in ORS 332.002.
2. The Oregon School for the Deaf.
3. An educational program under the Youth Corrections Education Program.
4. A public charter school, as defined in ORS 338.005.
5. An education service district, as defined in ORS 334.003.
6. Any state-operated program that provides educational services to students.
7. A private school.

Stat. Auth.: ORS 413.558, HB 2359 (2021), ORS 688.160
Stats. Implemented: ORS 413.558, HB 2359 (2021)
Hist.: OBPT 3-2022, f. 10-20-22, temp. ef. 10-20-22 through 4-17-23; OBPT 1-2023, f. 1-25-23, certf. ef. 1-25-23

848-040-0110 General Standards for Record Keeping

The licensee who performs the physical therapy service shall prepare a complete and accurate record for every patient, regardless of whether compensation is given or received for the therapy services and regardless of whether the patient receives treatment pursuant to a referral or is self-referred.
Sufficient written documentation shall be prepared on the same date a physical therapy service is provided.
If the written documentation of the service provided described in (2) is made outside of the patient's record, such as but not limited to, when handwriten notes are not documented directly in the electronic record, or when the encounter is outside the clinic where the patient's record is stored, that written documentation must be added to the patient's record in a timely manner appropriate for the care setting, but never longer than seven calendar days from the date the service was provided. Such entries must include date of entry if different than date of service.
The licensee who performs the physical therapy service shall authenticate the documentation of the service that was performed. Authentication may be made by written signature or by electronic means. If authentication is by electronic means, the licensee shall not permit another person to use the licensee's password to authenticate the entry. Authentication may not be accomplished by the use of initials, except when an entry identifying an error is authenticated. A rubber stamp may not be used to authenticate any entry in a patient record.
Non-licensees, including physical therapist aides, may prepare physical therapy treatment-related entries for the patient record for authentication by the treating licensee. The requirement for authentication shall not apply to records not related to physical therapy treatment.
All documentation shall be readily accessible to a licensee prior to when that licensee provides subsequent treatment to the patient. "Readily accessible" means the authenticating licensee is able to produce the record immediately upon request.
All entries shall be legible and permanent handwritten records shall be in ink.
Abbreviations may be used if they are defined and accessible to all individuals accessing the patient's record.
When an error in the patient record is discovered, the error shall be identified and corrected. The erroneous entry shall be crossed out, dated and initialed or otherwise identified as an error in an equivalent written manner by the author of the erroneous entry.
Late entries or additions to entries in the patient record shall be documented when the omission is discovered with the following written at the beginning of the entry: "late entry for (date)" or "addendum for (date)" and authenticated;
Treatment provided by a student physical therapist (SPT) may be documented either by the SPT or by the supervising therapist. Documentation by a SPT shall be signed by the student and authenticated by a supervising physical therapist.
Treatment provided by a student physical therapist assistant (SPTA) may be documented either by the SPTA or by the supervising therapist or physical therapist assistant. Documentation by a SPTA shall be signed by the student and authenticated by a supervising physical therapist or supervising physical therapist assistant.
Documentation by a person who holds a physical therapist temporary permit issued under OAR 848-010-0026(1)(a) shall be authenticated by the permit holder and by a supervising physical therapist.
Documentation by a person who holds a physical therapist assistant temporary permit issued under OAR 848-010-0026(1)(a) shall be authenticated by the permit holder and by a supervising physical therapist or supervising physical therapist assistant.
For purposes of the Board's enforcement of these rules, patient records shall be kept for a minimum of seven years measured from the date of the most recent entry.

Statutory/Other Authority: ORS 688.160
Statutes/Other Implemented: ORS 688.160, 688.010 & 688.210
Hist.: PTLB 6-2004, f. & cert. ef. 12-29-04; PTLB 8-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18; OBPT 1-2025, f. 1-23-25, cert. ef. 3-1-25

848-040-0117 Standards For Authorization To Provide Physical Therapy Services

As a result of legislative changes effective January 1, 2014, a physical therapist is no longer required to limit treatment of a self-referred patient to 60 days before having to refer the patient to a provider identified in ORS 688.132(1).

A physical therapist may initiate and provide physical therapy to a patient who is either self-referred or referred by a “provider of care”, defined in ORS 688.132 as a medical doctor, osteopathic physician, chiropractic physician, podiatric physician and surgeon, naturopathic physician, dentist, physician assistant or nurse practitioner, as follows:
1. The therapist shall treat a self-referred patient in accordance with an initial evaluation and treatment plan prepared by a physical therapist and shall treat a patient who is referred by a provider of care pursuant to the written or oral referral or authorization received from the provider. As used in this rule, the term “authorization” includes certification by a provider of care of the physical therapist’s plan of care of a Medicare patient.
2. If the referral or authorization specifies or identifies specific physical therapy interventions, precautions or contraindications for therapy, physical therapy shall not be provided beyond those specifications or limitations without further authorization.
3. If a patient who is being treated pursuant to a referral or authorization from a provider of care requests treatment for a diagnosis or condition that is different and separate from the diagnosis or condition that is the subject of the referral, the physical therapist may initiate and provide treatment either in accordance with an initial evaluation and treatment plan prepared by a physical therapist or pursuant to an additional written or oral referral or authorization received from a provider listed in this section.
4. If a referral or authorization specifies the number of treatments or a duration of treatment, the physical therapist may treat the patient for that duration and may extend treatment for a reasonable period of time if necessary for the patient to receive all authorized treatments.
5. A physical therapist shall immediately refer a patient to a provider of care if the patient exhibits symptoms:
  1. That require treatment or diagnosis by a provider of medical care;
  2. For which physical therapy is contraindicated;
  3. For which the treatment is outside that therapist’s knowledge, skill and abilities; or
  4. For which treatment is outside the scope of practice of physical therapy.
A physical therapist may provide physical therapy treatment to an animal under a referral from a veterinarian licensed under ORS Chapter 686. The referral must be in writing and specify the treatment or therapy to be provided pursuant to 686.040(4). The standard of care and documentation for physical therapy care to an animal shall be as provided for veterinarians under ORS Chapter 686.
Notwithstanding the provisions of this rule, and pursuant to ORS 656.250, a physical therapist shall not provide compensable services to an injured worker governed by ORS Chapter 656 except as allowed by a governing managed care organization contract or as authorized by the worker's attending physician.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160, 688.010
Hist.: PTLB 8-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14

848-040-0120 Standards For Record Of Authorization

A written referral received from a provider identified in ORS 688.132(1) shall be included in the patient record. In order to qualify as an authorization, a written referral must include, at a minimum, the name of the patient, the name of the provider, authentication by the provider and the date of the referral.
An oral referral received from a provider identified in ORS 688.132(1) shall be documented in the patient record. Documentation shall include the name of the provider; the name of the person communicating the referral; the date the referral was received; the name of the person to whom the oral referral was communicated; the name of the patient; and a description of the referral. A non-licensee may accept and document an oral referral.
If an oral referral is received a written referral must be requested from the provider. Documentation of the request shall include the date request was made and name of person making request. The written request received subsequent to an oral referral shall be included in the patient record when received.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160, 688.010 & 688.210
Hist.: PTLB 6-2004, f. & cert. ef. 12-29-04; PTLB 8-2005, f. 12-29-05, cert. ef. 1-1-06; OBPT 1-2025, f. 1-23-25, cert. ef. 3-1-25

848-040-0125 Standards For Initiation Of Physical Therapy

Except as provided in subsection (5) of this section, prior to initiating the first physical therapy treatment, a physical therapist shall perform an initial evaluation of each patient and determine a plan of care as provided in OAR 848-040-0135.
In the course of performing an initial evaluation the physical therapist shall examine the patient, obtain a history, perform relevant system reviews, assess the patient's functional status, select and administer specific tests and measurements and formulate clinical judgments regarding the patient. A physical therapist may incorporate by reference medical history or system review information about the patient prepared by another provider and available in the patient treatment record, IEP, IFSP or other designated plan of care.
For purposes of subsection (1) of this section, a physical therapist shall perform a separate initial evaluation under the following circumstances:
1. The patient is returning to care after being discharged from therapy;
2. The patient has not received physical therapy treatment at the clinic, facility or patient home for the current episode of care; or
3. A current patient presents with a new diagnosis for an unrelated condition or body part.
Only a physical therapist may perform an initial evaluation. A physical therapist shall not delegate the performance of an initial evaluation to a physical therapist assistant or to an aide.
Under circumstances or situations where a physical therapist is called upon to provide immediate minimal or basic treatment to a person participating in an athletic activity or event, the physical therapist shall examine the person by performing tests and measurements appropriate to the circumstances, assess the person's condition, formulate clinical judgments, and determine the immediate care to be provided. Documentation under this subsection shall include, at a minimum, the person's name, age if available, a brief description of the injury or condition, and disposition or treatment, including recommendation for additional or alternative care. Neither a physical therapy plan of care nor a discharge summary is required in these circumstances.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160, 688.010 & 688.210
Hist.: PTLB 6-2004, f. & cert. ef. 12-29-04; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 1-2012, f. 2-9-12, cert. ef. 3-1-12; PTLB 3-2017, f. 11-28-17, cert. ef. 1-1-18; OBPT 1-2025, f. 1-23-25, cert. ef. 3-1-25

848-040-0130 Standards For The Documentation Of An Initial Evaluation

Except as provided in subsection (5) of OAR 848-040-0125, the physical therapist who performs an initial evaluation shall document:

The patient's identifying information;
The patient's reason for seeking physical therapy services;
The patient's relevant medical diagnoses or conditions;
The patient's signs and symptoms;
Objective data from tests or measurements;
The physical therapist's interpreation of the results of the examination;
Clinicial rationale for therapeutic intervention;
The plan of cares described in OAR 848-040-0140, and;
The patient's prognosis.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160, 688.010 & 688.210
Hist.: PTLB 6-2004, f. & cert. ef. 12-29-04; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 3-2017, f. 11-28-17, cert. ef. 1-1-18; OBPT 1-2025, f. 1-23-25, cert. ef. 3-1-25

848-040-0135 Standards For The Plan of Care

Prior to initiation of treatment, a physical therapy plan of care for the patient shall be determined by a physical therapist. As appropriate, a plan of care may include the IFSP, or, in a school setting, a plan of care may include the IEP for a student, or other designated plan of care.
Only a physical therapist may develop a plan of care. A physical therapist shall not delegate the development of the plan of care to a physical therapist assistant or to an aide.
A physical therapist shall identify appropriate treatment tasks to be delegated to a physical therapist assistant or aide.
Only a physical therapist may modify a plan of care. However, a physical therapist assistant may make recommendations to the physical therapist regarding revision of the plan of care for a patient for whom the physical therapist assistant has been providing treatment.
A physical therapist shall reexamine the patient and make modifications to the plan of care any time there are significant changes in the patient's condition or status that would affect the physical therapy goals.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160, 688.010 & 688.210
Hist.: PTLB 6-2004, f. & cert. ef. 12-29-04; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; OBPT 1-2025, f. 1-23-25, cert. ef. 3-1-25

848-040-0140 Standards For The Documentation Of The Plan Of Care

The documentation of the plan of care shall include:
1. Objectively measurable treatment goals that incorporate the patient's goals;
2. Proposed therapeutic interventions to accomplish the goals; and
3. Proposed frequency and duration of treatment or number of visits.
The documentation of the plan of care shall be authenticated and dated by the physical therapist who developed the plan.

848-040-0145 Standards For Providing Treatment

A licensee shall not permit an aide to administer a task that is prohibited under OAR 848-020-0060, and shall not permit an aide to administer a non-prohibited procedure or modality to a patient unless a licensee has previously administered that procedure or modality to the patient.
A physical therapist or physical therapist assistant shall perform, or attempt to perform physical therapy interventions only when competent in that intervention.
Except as provided in OAR 848-015-0020(6), a physical therapist or assistant shall not continue to provide treatment to a patient unless a patient has been reexamined by a physical therapist as required by 848-040-0155. However, a physical therapist assistant may provide treatment on the day a reexamination is required, so long as during that treatment day a physical therapist reexamines the patient.
A physical therapist or physical therapist assistant shall provide treatment in accordance with the provisions of OAR 848-040-0105.
At all times there shall be a physical therapist supervising the treatment provided by a physical therapist assistant as provided in OAR 848-015-0020(2) or an aide as provided in 848-020-0000(5). "Supervising physical therapist" means either the last physical therapist to see the patient, or the physical therapist designated as in-charge of the patient on the day the patient is being treated.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160, 688.010 & 688.210
Hist.: PTLB 6-2004, f. & cert. ef. 12-29-04; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; OBPT 1-2025, f. 1-23-25, cert. ef. 3-1-25

848-040-0147 Standards for Treatment by a Student PT or Student PTA

A physical therapist may allow a student physical therapist (SPT) or student physical therapist assistant (SPTA), as defined in OAR 848-040-0100(12), to provide treatment consistent with the individual student's education, experience and skills.
A physical therapist assistant may allow an SPTA to provide treatment consistent with the individual student's education, experience and skills.
At all times, a supervising physical therapist must provide on-site supervision of an SPT or SPTA who provides treatment to a patient.
For purposes of this rule "supervising physical therapist" means the physical therapist who is responsible for that patient's treatment on the day the SPT or SPTA provides treatment.
For purposes of this rule "on-site supervision" means that at all times the supervising physical therapist is in the same building and immediately available to provide in person direction, assistance, advice or instruction to the student.
A physical therapist may delegate supervision of an SPTA to a physical therapist assistant and the provision of subsections (3), (4) and (5) of this rule shall apply to the physical therapist assistant.
Documentation by a SPT shall be signed by the student and authenticated by a supervising physical therapist on the same day. Documentation by a SPTA shall be signed by the student and authenticated by a supervising physical therapist or supervising physical therapist assistant on the same day. A SPT's documentation must be completed pursuant to OAR 848-040-0110.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160, 688.010
Hist.: PTLB 8-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 1-2010, f. 2-16-10, cert. ef. 3-1-10; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; OBPT 1-2025, f. 1-23-25, cert. ef. 3-1-25

848-040-0150 Standards For The Documentation of Treatment Provided

Except as provided in subsection (5) of OAR 848-040-0125, documentation of treatment for each patient visit shall include at a minimum:
1. Subjective status of patient;
2. Specific therapeutic interventions, information, and education provided;
3. Objective data from tests and measurements conducted;
4. Assessment of the patient's response to therapeutic interventions, and;
5. Updates to the plan of care.
A supervising physical therapist may document treatment provided by a physical therapist assistant. If the supervising physical therapist records and authenticates treatment provided by the physical therapist assistant, the physical therapist shall document which treatment interventions were provided that day by the physical therapist assistant. When treatment is provided or assisted by an aide, the aide may only document objective information about the treatment intervention provided by the aide. When a supervising physical therapist assistant or supervising physical therapist authenticates treatment provided by an aide, the therapist shall document which treatment interventions were provided that day by the aide.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160, 688.010 & 688.210
Hist.: PTLB 6-2004, f. & cert. ef. 12-29-04; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; PTLB 3-2017, f. 11-28-17, cert. ef. 1-1-18; OBPT 1-2025, f. 1-23-25, cert. ef. 3-1-25

848-040-0155 Standards For Reexamination

A physical therapist shall reexamine a patient periodically as follows:
1. Anytime there are significant changes in the patient's condition or status that would result in a change in the goals or the plan of care;
2. When the interval since a patient's last visit is 30 days or longer; or
3. At least every 60 school days if the patient is a student who is being treated in an educational setting and a physical therapist has not treated the student within 60 school days, or at every visit if the student is seen less frequently.
In the course of conducting the reexamination, a physical therapist shall personally examine the patient, assess the patient's status, and update the goals or plan of care.
Only a physical therapist may perform a reexamination. A physical therapist shall not delegate the reexamination to a physical therapist assistant or to an aide. However, a physical therapist may delegate to a physical therapist assistant the gathering of data for a reexamination as provided in OAR 848-015-0030(1)(b).
If a physical therapist assistant is providing care to a patient and identifies a plateau or change in the patient status that may result in the need for a change in the goals or the plan of care, the physical therapist assistant must consult with a physical therapist, who must determine if a reexamination is required.

Statutory/Other Authority: ORS 688.160
Statutes/Other Implemented: ORS 688.160, 688.010 & 688.210
Hist.: PTLB 6-2004, f. & cert. ef. 12-29-04; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 3-2017, f. 11-28-17, cert. ef. 1-1-18; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18; OBPT 1-2025, f. 1-23-25, cert. ef. 3-1-25

848-040-0160 Standards For The Documentation of a Reexamination

When a physical therapist is required to perform a reexamination under OAR 848-040-0155, the documentation of the reexamination shall include at a minimum:
1. Subjective status of patient; and
2. Any change in physical therapy goals (including patient goals) or the plan of care.
After a physical therapist reexamines the patient and documents the reexamination, either the physical therapist or physical therapist assistant may prepare the documentation of the patient's current status.

Statutory Authority: ORS 688.160
Statutes/Other Implemented: ORS 688.160, 688.010 & 688.210
Hist.: PTLB 6-2004, f. & cert. ef. 12-29-04; PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07; PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; PTLB 3-2017, f. 11-28-17, cert. ef. 1-1-18; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18; OBPT 1-2025, f. 1-23-25, cert. ef. 3-1-25

848-040-0165 Standards For Discharging A Patient From Therapy

A physical therapist shall discharge a patient from an episode of physical therapy treatment when the therapist determines:
1. The patient has reached all physical therapy goals and additional goals are not identified;
2. The patient will not further benefit from physical therapy, regardless of whether additional visits are ordered or authorized;
3. The patient declines to continue treatment or self-discharges;
4. Physical therapy is contraindicated; or
5. The referring provider directs or instructs that the patient be discharged from the episode of treatment.
Only a physical therapist may make the decision to discharge a patient from therapy. A physical therapist shall not delegate the decision to discharge a patient to a physical therapist assistant or to an aide.
A physical therapist assistant shall not independently make the decision to discharge a patient from therapy. However, a physical therapist assistant may make recommendations regarding discharge to the supervising physical therapist based on the physical therapist assistant's treatment of the patient.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160, 688.010 & 688.210
Hist.: PTLB 6-2004, f. & cert. ef. 12-29-04; PTLB 3-2017, f. 11-28-17, cert. ef. 1-1-18

848-040-0170 Standards For Discharge Records

Within 30 days following the patient's last scheduled visit or last contact, the physical therapist or physical therapist assistant shall document a final summary of the patient's physical therapy status upon discharge from the patient's current episode of treatment.
The discharge summary shall include, but is not limited to:
1. Date and reason for discharge, or self discharge, if known;
2. Degree of goal achievement or reasons for goals not being achieved;
3. Summary of the patient's status at the time of discharge; and
4. Recommendations for follow-up care, if any.
A discharge summary is not required when another licensed medical professional documents a patient's discharge from an acute inpatient care facility as that term is defined in ORS 442.470(1).

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160, 688.010 & 688.210
Hist.: PTLB 6-2004, f. & cert. ef. 12-29-04; PTLB 3-2017, f. 11-28-17, cert. ef. 1-1-18

848-040-0175 Standards for Screening Services

“Physical therapy screening” means:
1. The process of determining whether a person or animal would benefit from a physical therapy evaluation or referral to another health care professional; and
2. The process of determining whether a current patient has a new or separate condition that can be addressed by physical therapy treatment or intervention.
A physical therapist or physical therapist assistant may conduct or perform a physical therapy screening of a person who is not currently a physical therapy patient.
Only a physical therapist may conduct or perform a physical therapy screening of a current patient.
A physical therapist or physical therapist assistant shall not delegate the performance of a physical therapy screening to an aide.
A screening is not a physical therapy treatment or intervention and does not require or involve performance of an initial evaluation, preparation of a plan of care, or creation of a patient treatment record.

Stat./Other Auth.: ORS 688.160
Stats./Other Implemented: ORS 688.160(6)(g)
Hist.: PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; OBPT 4-2021, 2-26-21, cert. ef. 5-1-21

848-040-0180 Standards for Telehealth Services

A Licensee may provide telehealth services to a patient who is domiciled or physically present in the state of Oregon at the time the services are provided. An aide may not provide telehealth services.
Telehealth services provided must conform to the scope and standards of practice and documentation as provided in Oregon Revised Statutes 688.010 through 688.201 and these Division 40 rules. Telehealth services must be at least equivalent to the quality of services delivered in-person.
Prior to the initiation of telehealth services, a Licensee shall obtain the patient’s consent to receive the services via telehealth. The consent may be verbal, written, or recorded and must be documented in the patient’s permanent record.
When providing telehealth services, a Licensee shall have procedures in place to address remote medical or clinical emergencies at the patient’s location.
The application and technology used to provide telehealth services shall meet all standards required by state and federal laws governing the privacy and security of a patient’s protected health information.
A Licensee providing telehealth services to a person who is domiciled in another state and physically present in that state at the time the telehealth services are being provided, may be required to be licensed in the state where the services are being rendered.

Stat. Auth.: ORS 688.160(6)(C)
Stats. Implemented: ORS 688.010-688.230
Hist.: PTLB 2-2015, f. 8-27-15, cert. ef. 9-1-15

848-040-0190 Standards for Community Education, Prevention, Health Promotion, and Wellness Services

A licensee may provide non-individualized instruction to a group of persons in the community or group of employees in a workplace:
1. To promote and teach physical activity with an emphasis on movement and function to improve health outcomes or prevent falls or injuries; or
2. To teach and promote wellness, fitness, healthy lifestyles and behaviors, and self management, for the reduction of risk, prevention, or management, of disease, injury or disability.
Service provided under this section is not physical therapy treatment or intervention and does not require or involve performance of an initial evaluation, preparation of a plan of care, or creation of a patient treatment record.

Stat. Auth.: ORS 688.160
Stats. Implemented: ORS 688.160
Hist.: PTLB 3-2017, f. 11-28-17, cert. ef. 1-1-18

DIVISION 45

GROUNDS FOR DISCIPLINE AND SANCTIONS

848-045-0010 Authority and Sanctions

If a licensee practices in a manner detrimental to the public health and safety or engages in illegal, unethical or unprofessional conduct as defined by the statutes and OAR 848-045-0020(2), the Board, after notice and opportunity for hearing as provided in ORS 688.145, may:
1. Suspend or revoke a license or temporary permit.
2. Impose a civil penalty not to exceed $5,000, with the penalty for non-compliance with continuing competence requirements to be as provided in the penalty schedule set out in Appendix A of these rules, and the penalty for practicing with a lapsed license to be as provided in the penalty schedule set out in Appendix B of these rules.
3. Impose probation with conditions.
4. Impose conditions, restrictions or limitations on practice.
5. Reprimand the licensee.
6. Impose any other appropriate sanction, including assessment of the reasonable costs of a proceeding under ORS 688.145 as a civil penalty. Costs include, but are not limited to, the costs of investigation, attorney fees, hearing officer costs and the costs of discovery.
A disciplinary sanction imposed against a licensee shall be generally consistent with sanctions imposed by the Board against other licensees in substantially similar cases.
If a licensee has a mental, emotional or physical condition which impairs the licensee's ability or competency to practice physical therapy in a manner consistent with the public health and safety, the Board, after notice and opportunity for hearing as provided in ORS 688.145, may suspend or revoke the license or temporary permit, impose probation with conditions, or impose conditions, restrictions or limitations on practice.
As used in this rule, "licensee" includes a physical therapist or a physical therapist assistant, a temporary permit holder and an Oregon Compact Privilege holder.

Statutory/Other Authority: ORS 688.140, 688.160, 688.210, 688.240
Statutes/Other Implemented: ORS 688.140, 688.145, 688.220 & 688.235
Hist.: PTLB 7-2004, f. & cert. ef. 12-29-04; PTLB 9-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 1-2012, f. 2-9-12, cert. ef. 3-1-12; PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14; PTLB 3-2015, f. 9-9-15, cert. ef. 1-1-16; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18

848-045-0020 Grounds for Discipline of a Licensee

The Board may impose a sanction as provided in 848-045-0010(1) on a licensee for illegal, unethical or unprofessional conduct. As used in this rule, "licensee" means a physical therapist or a physical therapist assistant, a temporary permit holder, a Compact Privilege holder and a person who was a licensee at the time the illegal, unethical or unprofessional conduct occurred regardless of whether the person’s license has lapsed.
A licensee commits or engages in illegal, unethical or unprofessional conduct if the licensee:
1. Fails to disclose requested information, conceals material facts or provides false or materially misleading information on an application or during the application process for a temporary permit, license or renewal, or willfully makes a false statement on an application;
2. Is disciplined by another Oregon state licensing board or out-of-state licensing board for conduct which if committed in Oregon would be grounds for discipline under this rule;
3. Fails to disclose an active investigation by an Oregon or out-of-state health licensing authority within 10 working days licensee is first notified of the investigation, subject to the provision of ORS 688.160(6)(c).
4. Is convicted of violating any federal law or state law relating to controlled substances, subject to the provisions of ORS 670.280(2);
5. Is convicted of any crime that is a felony or misdemeanor under the laws of any state or of the United States, subject to the provisions of ORS 670.280(2), or fails to notify the Board within 10 working days of a conviction of a misdemeanor, or an arrest for or conviction of a felony;
6. Commits gross negligence or multiple acts of negligence in practice. The Board may take into account relevant factors and practices, including but not limited to the standard of practice generally and currently followed and accepted by persons licensed to practice physical therapy in this state, the current teachings at accredited physical therapy schools and relevant technical reports published in recognized physical therapy journals in determining the definition of gross negligence;
7. Practices physical therapy while under the influence of intoxicating liquors or under the influence of a controlled substance;
8. Has an addiction to or dependency on alcohol, legend drugs or controlled substances which impairs the licensee's ability or competency to practice physical therapy in a manner consistent with the public health and safety;
9. Violates the provisions of ORS 688.010 to 688.220 or any administrative rule, or violates or fails to comply with any order of the Board;
10. Acts in a manner contrary to the APTA Code of Ethics, or engages in any act involving moral turpitude, including, but not limited to fraud, deceit, dishonesty, harassment, violence, or illegal activity, subject to the provisions of ORS 670.280(3);
11. Unnecessarily exposes a patient's body to the view of the therapist or other persons;
12. Engages in a conversation with a patient that is not necessary for the provision of treatment and that is personally intrusive or otherwise inappropriate;
13. Commits or engages in any act of sexual misconduct involving a patient, including but not limited to any acts or statements of a sexual nature that do not contribute to appropriate physical therapy treatment;
14. Engages in any sexual conduct, including dating, with a patient, whether initiated by the patient or the licensee. For purposes of this subsection, "patient" includes any person who has not been discharged from that therapist's care;
15. Obtains or attempts to obtain any fee by fraud or misrepresentation, or makes a false or fraudulent claim for health care payment as provided in ORS 165.690 to 165.694;
16. Engages in exploitation of a patient, which includes but is not limited to the following:
  1. Failure to maintain an appropriate patient/therapist relationship;
  2. Obtaining or attempting to obtain compensation for physical therapy services that were not provided to the patient;
  3. Provides physical therapy services or participates in physical therapy services solely for reasons of personal or institutional financial gain;
  4. Provides physical therapy services under circumstances where there is no benefit to be obtained by the patient from such services;
  5. Accepting, soliciting or borrowing anything of more than nominal value from a patient or a member of the patient's family except for reasonable compensation for physical therapy services provided to the patient. Nominal value shall be determined in the context of the particular relationship and circumstances; or
  6. Influencing a patient or the patient's family to utilize, purchase or rent any equipment or products based on the direct or indirect financial interests of the licensee rather than on the therapeutic value to the patient. A licensee who owns or has a direct financial interest in an equipment or supply company must disclose the interest if the licensee sells or rents the equipment or product or recommends the purchase or rental of the equipment or product to the patient.
17. Knowingly makes a false entry or false alteration in a patient record;
18. Engages in deceptive consumer practices, including but not limited to:
  1. Using, disseminating or publishing any advertising matter, promotional literature, testimonial, claim or guarantee that is false, misleading or deceptive;
  2. Practicing under a false, misleading or deceptive name, impersonating another licensee or fraudulently using or permitting the use of a license number in any way;
  3. Making a representation as to the licensee's skill or the efficacy or value of a treatment that the licensee knows or should know is false or misleading; or
19. Practices physical therapy with a lapsed license;
20. Employs, aids, abets or permits any unlicensed person or person with a lapsed license to practice physical therapy, or aids or causes another person, directly or indirectly, to violate ORS 688.010 to 688.240 or OAR 848;
21. Fails to report in writing to employer that licensee provided physical therapy services while unlicensed or with a lapsed license or fails to provide a copy to the Board of such report;
22. Fails to cooperate with the Board, which includes but is not limited to the following:
  1. Failure to respond fully and truthfully to a question or request for information from the Board;
  2. Failure to provide information or documents to the Board within the time specified by the Board;
  3. Failure to appear and provide information at an interview requested by the Board;
  4. Failure to timely produce and temporarily surrender custody of an original patient record requested by the Board and which is in the possession or under the control of the licensee, or failure to produce all portions of the patient record requested;
  5. Deceiving or attempting to deceive the Board regarding any matter, including by altering or destroying any record or document; or
  6. Failure to comply with the terms, conditions and recommendations of a Confidential Advisory Letter as issued by the Board;
23. Interferes with or uses threats or harassment to delay or obstruct any person in providing information or evidence to the Board in any matter, investigation, contested case proceeding or other legal action instituted by the Board;
24. Discharges an employee based primarily on the employee's attempt to comply or aid in the compliance with Board rules;
25. Fails to notify the Board of another licensee's conduct which reasonably appears to be illegal, unethical or unprofessional as provided for in ORS 688.010 to 688.240 or any Board rule. Notice must occur without undue delay, but in no event later than 10 days after the reporting licensee learns of the conduct;
26. Fails to notify the appropriate licensing board of any conduct by another licensed medical provider when the licensee has reasonable cause to believe that the medical provider has engaged in prohibited or unprofessional conduct. Notice must occur without undue delay, but in no event later than 10 days after the reporting licensee learns of the conduct. As used in this subparagraph, “prohibited conduct” means a criminal act against a patient or a criminal act that creates a risk of harm to a patient and “unprofessional conduct” means conduct unbecoming a medical provider or detrimental to the best interests of the public, including conduct contrary to recognized standards of ethics of the medical provider’s profession or conduct that endangers the health, safety or welfare of a patient; or
27. Fails to notify the Board of a change in the licensee's name, address, contact telephone number, email address or place of employment or business as required by OAR 848-005-0030.

bb. Failing to comply with Oregon Health Authority's rules requiring masks, face coverings or
face shields, including OAR 333-019-1011 and OAR 333-019-1015, if applicable.
cc. Failing to comply with Oregon Health Authority's rules requiring vaccinations, including OAR
333-019-1010 and OAR 333-019-1030.

Statutory/Other Authority: ORS 688.140, 688.160, 688.210, 688.240
Statutes/Other Implemented: ORS 688.140, 688.145, 688.220 & 688.235
Hist.: PTLB 7-2004, f. & cert. ef. 12-29-04; PTLB 9-2005, f. 12-29-05, cert. ef. 1-1-06; PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09; PTLB 1-2010, f. 2-16-10, cert. ef. 3-1-10; PTLB 3-2018, f. 8-16-18, cert. ef. 9-1-18; OBPT 5-2021, f. 2-26-21, cert. ef. 5-1-21; OBPT 10-2021, f. & cert. ef. 9-24-2021

DIVISION 55

COMPACT COMMISSION RULES

848-055-0001 Compact Commission Rules

Pursuant to ORS 688.240 Section 9.A.2, the Oregon Physical Therapist Licensing Board hereby adopts as rule the Physical Therapy Compact Commission Rules as adopted by the Commission effective December 2025, with the following additions:
1. These rules are adopted only to the extent that the Compact Commission Rules are consistent with Oregon and Federal law, as determined by the Board.
2. Pursuant to Article XI, 7 of the Oregon Constitution and per ORS 688.240, any monetary liabilities incurred as a result of arbitration or litigation are subject to the limitations in Oregon law.
3. The Oregon Physical Therapist Licensing Board will comply with Commission Rule 6.1(C) to the extent that the Board determines that compliance within the requirements and limitations of law.
The full text of the Commission Rules will be made available on the Oregon PT Board website at www.oregon.gov/pt.

Stat./Other Auth.: ORS 688.160(6)(c), ORS 688.240.
Stats./Other Implemented: ORS 688.240.
Hist.: PTLB 2-2018, f. 3-30-18, cert. ef. 7-1-18; PTLB 2-2019, f. 3-4-19, cert. ef. 3-5-19; PTLB 8-2019, f. 12-20-19, cert. ef. 1-1-20; OBPT 11-2021, f. 12-13-21, cert. ef. 12-13-21; OBPT 3-2023, f. 3-31-21, cert. ef. 4-1-23; OBPT 3-2024, f. 11-25-24, cert. ef. 11-25-24; OBPT 2-2026, f. 1-29-26, cert. ef. 2-1-26

APPENDIX A - Civil Penalty Schedule for Non-Compliance with Division 35 Continuing Education Rules

VIOLATION	STATUTE/RULE	CIVIL PENALTY
Fail to return, or late in returning, audit summary to the Board office by date due.	ORS 688.140(2)(a) OAR 848-045-0020(2)(u)(B)	$100.00
Attest to completion of CE upon renewal (but upon audit) failed to provide satisfactory evidence that CE was completed.	ORS 688.140(2)(c)	$250.00
Citation for missing CE based on number of credits needed to comply: Need 50% or less credits to comply Need more than 50% of credits to comply	ORS 688.140(2)(a) OAR 848-0020(7)	$100.00 $200.00
Misrepresenting or attempting to misrepresent information on the CE Audit Summary Form.	OAR 848-045-0020(2)(u)(E)	$250.00 minimum, case by case

APPENDEX B - Civil Penalty Schedule for Practicing with a Lapsed License

Physical Therapists
1 day to 1 month	$100.00
1 month to 3 months	$250.00
3 months to 6 months	$500.00
6 months to 12 months	$1000.00
Greater than 12 months	Case by case basis

Physical Therapist Assistants
1 day to 1 month	$75.00
1 month to 3 months	$187.50
3 months to 6 months	$375.00
6 months to 12 months	$750.00
Greater than 12 months	Case by case basis

OREGON REVISED STATUTES

VOL 3 LANDLORD-TENANT, DOMESTIC RELATIONS, PROBATE

TITLE 13 PROTECTIVE PROCEEDINGS; POWERS OF ATTORNEY; TRUSTS

CHAPTER 124 ABUSE PREVENTION AND REPORTING: CIVIL ACTION FOR ABUSE ELDERLY PERSON AND PERSONS WITH DISABILITIES ABUSE PREVENTION ACT

REPORTING OF ABUSE

124.050 Definitions for ORS 124.050 to 124.095

As used in ORS 124.050 (Definitions for ORS 124.050 to 124.095) to 124.095 (Spiritual treatment not abuse):

"Abuse" means one or more of the following:
1. Any physical injury to an elderly person caused by other than accidental means, or which appears to be at variance with the explanation given of the injury.
2. Neglect.
3. Abandonment, including desertion or willful forsaking of an elderly person or the withdrawal or neglect of duties and obligations owed an elderly person by a caretaker or other person.
4. Willful infliction of physical pain or injury upon an elderly person.
5. An act that constitutes a crime under ORS 163.375 (Rape in the first degree), 163.405 (Sodomy in the first degree), 163.411 (Unlawful sexual penetration in the first degree), 163.415 (Sexual abuse in the third degree), 163.425 (Sexual abuse in the second degree), 163.427 (Sexual abuse in the first degree), 163.465 (Public indecency), 163.467 (Private indecency) or 163.525 (Incest).
6. Verbal abuse.
7. Financial exploitation.
8. Sexual abuse.
9. Involuntary seclusion of an elderly person for the convenience of a caregiver or to discipline the person.
10. A wrongful use of a physical or chemical restraint of an elderly person, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order.
"Elderly person" means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 (Report of suspected abuse of resident required) to 441.665 (Record of reports).
"Facility" means:
1. A long term care facility as that term is defined in ORS 442.015 (Definitions).
2. A residential facility as that term is defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), including but not limited to an assisted living facility.
3. An adult foster home as that term is defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825).
"Financial exploitation" means:
1. Wrongfully taking the assets, funds or property belonging to or intended for the use of an elderly person or a person with a disability.
2. Alarming an elderly person or a person with a disability by conveying a threat to wrongfully take or appropriate money or property of the person if the person would reasonably believe that the threat conveyed would be carried out.
3. Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an elderly person or a person with a disability.
4. Failing to use the income or assets of an elderly person or a person with a disability effectively for the support and maintenance of the person.
"Intimidation" means compelling or deterring conduct by threat.
"Law enforcement agency" means:
1. Any city or municipal police department.
2. Any county sheriff's office.
3. The Oregon State Police.
4. Any district attorney.
5. A police department established by a university under ORS 352.121 (University police departments and officers; standards) or 353.125 (Creation of police department and commission of police officers; rules).
"Neglect" means failure to provide basic care or services that are necessary to maintain the health or safety of an elderly person.
"Person with a disability" means a person described in:
1. ORS 410.040 (7) (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619); or
2. ORS 410.715 (Person suffering brain injury to be considered person with disability).
"Public or private official" means:
1. Physician or physician assistant licensed under ORS chapter 677, naturopathic physician, or chiropractor, including any intern or resident.
2. Licensed practical nurse, registered nurse, nurse practitioner, nurses aide, home health aide or employee of an in-home health service.
3. Employee of the Department of Human Services or community developmental disabilities program.
4. Employee of the Oregon Health Authority, county health department or community mental health program.
5. Peace officer.
6. Member of the clergy.
7. Regulated social worker.
8. Physical, speech or occupational therapist.
9. Senior center employee.
10. Information and referral or outreach worker.
11. Licensed professional counselor or licensed marriage and family therapist.
12. Member of the Legislative Assembly.
13. Firefighter or emergency medical services provider.
14. Psychologist.
15. Provider of adult foster care or an employee of the provider.
16. Audiologist.
17. Speech-language pathologist.
18. Attorney.
19. Dentist.
20. Optometrist.
21. Chiropractor.
22. Personal support worker, as defined in ORS 410.600.
23. Home care worker, as defined in ORS 410.600.
24. Referral agent, as defined in ORS 443.370.
"Services" includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of an elderly person.
(a) "Sexual abuse" means:
1. Sexual contact with an elderly person who does not consent or is considered incapable of consenting to a sexual act under ORS 163.315 (Incapacity to consent; effect of lack of resistance);
2. Verbal or physical harassment of a sexual nature, including but not limited to severe or pervasive exposure to sexually explicit material or language;
3. Sexual exploitation;
4. Any sexual contact between an employee of a facility or paid caregiver and an elderly person served by the facility or caregiver; or
5. Any sexual contact that is achieved through force, trickery, threat or coercion.
(b) "Sexual abuse" does not mean consensual sexual contact between an elderly person and an employee of a facility who is also the spouse of the elderly person; or a paid caregiver.
"Sexual contact" has the meaning given that term in ORS 163.305 (Definitions).
"Verbal abuse" means to threaten significant physical or emotional harm to an elderly person or a person with a disability through the use of:
1. Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or
2. Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments.

[Formerly 410.610; 1999 c.463 §6; 2001 c.104 §36; 2005 c.671 §4; 2007 c.70 §29; 2009 c.442 §33; 2009 c.595 §84; 2009 c.708 §1; 2009 c.837 §9; 2011 c.36 §3; 2011 c.506 §5; 2011 c.703 §23; 2013 c.129 §23; 2013 c.180 §7; 2013 c.352 §5; 2014 c.104 §9; 2015 c.179 §2; 2015 c.416 §1; 2015 c.736 §49; 2017 c.656 §4; 2018 c.75 §§7,8]

124.060 Duty of officials to report; exception

Any public or private official having reasonable cause to believe that any person 65 years of age or older with whom the official comes in contact, while acting in an official capacity, has suffered abuse, or that any person with whom the official comes in contact while acting in an official capacity has abused a person 65 years of age or older, shall report or cause a report to be made in the manner required in ORS 124.065 (Method of reporting). Nothing contained in ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) affects the duty to report imposed by this section, except that a psychiatrist or psychologist is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges).

[Formerly 410.630; 2009 c.708 §2; 2013 c.352 §6]

VOL. 10 HIGHWAYS, MILITARY, JUVENILE CODE, HUMAN SERVICES

TITLE 34 HUMAN SERVICES; JUVENILE CODE; CORRECTIONS

CHAPTER 419B JUVENILE CODE: DEPENDENCY REPORTING OF CHILD ABUSE

419B.005 Definitions

As used in ORS 419B.005 (Definitions) to 419B.050 (Authority of health care provider to disclose information), unless the context requires otherwise:

(a) "Abuse" means:
1. Any assault, as defined in ORS chapter 163, of a child and any physical injury to a child which has been caused by other than accidental means, including any injury which appears to be at variance with the explanation given of the injury.
2. Any mental injury to a child, which shall include only observable and substantial impairment of the childs mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child.
3. Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are described in ORS chapter 163.
4. Sexual abuse, as described in ORS chapter 163.
5. Sexual exploitation, including but not limited to:
  1. Contributing to the sexual delinquency of a minor, as defined in ORS chapter 163, and any other conduct which allows, employs, authorizes, permits, induces or encourages a child to engage in the performing for people to observe or the photographing, filming, tape recording or other exhibition which, in whole or in part, depicts sexual conduct or contact, as defined in ORS 167.002 (Definitions for ORS 167.002 to 167.027) or described in ORS 163.665 (Definitions) and 163.670 (Using child in display of sexually explicit conduct), sexual abuse involving a child or rape of a child, but not including any conduct which is part of any investigation conducted pursuant to ORS 419B.020 (Duty of department or law enforcement agency receiving report) or which is designed to serve educational or other legitimate purposes; and
  2. Allowing, permitting, encouraging or hiring a child to engage in prostitution as described in ORS 167.007 (Prostitution) or a commercial sex act as defined in ORS 163.266 (Trafficking in persons), to purchase sex with a minor as described in ORS 163.413 (Purchasing sex with a minor) or to engage in commercial sexual solicitation as described in ORS 167.008 (Patronizing a prostitute).
6. Negligent treatment or maltreatment of a child, including but not limited to the failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of the child.
7. Threatened harm to a child, which means subjecting a child to a substantial risk of harm to the childs health or welfare.
8. Buying or selling a person under 18 years of age as described in ORS 163.537 (Buying or selling a person under 18 years of age).
9. Permitting a person under 18 years of age to enter or remain in or upon premises where methamphetamines are being manufactured.
10. Unlawful exposure to a controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980), or to the unlawful manufacturing of a cannabinoid extract, as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545), that subjects a child to a substantial risk of harm to the childs health or safety.
(b) "Abuse" does not include reasonable discipline unless the discipline results in one of the conditions described in paragraph (a) of this subsection.
"Child" means an unmarried person who:
1. Is under 18 years of age; or
2. Is under 21 years of age and residing in or receiving care or services at a child-caring agency as that term is defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998).
"Higher education institution" means:
1. A community college as defined in ORS 341.005 (Definitions for chapter);
2. A public university listed in ORS 352.002 (Public universities);
3. The Oregon Health and Science University; and
4. A private institution of higher education located in Oregon.
"Law enforcement agency" means:
1. A city or municipal police department.
2. A county sheriffs office.
3. The Oregon State Police.
4. A police department established by a university under ORS 352.121 (University police departments and officers; standards) or 353.125 (Creation of police department and commission of police officers; rules).
5. A county juvenile department.
"Public or private official" means:
1. Physician or physician assistant licensed under ORS chapter 677 or naturopathic physician, including any intern or resident.
2. Dentist.
3. School employee, including an employee of a higher education institution.
4. Licensed practical nurse, registered nurse, nurse practitioner, nurses aide, home health aide or employee of an in-home health service.
5. Employee of the Department of Human Services, Oregon Health Authority, Early Learning Division, Youth Development Division, Office of Child Care, the Oregon Youth Authority, a local health department, a community mental health program, a community developmental disabilities program, a county juvenile department, a licensed child-caring agency or an alcohol and drug treatment program.
6. Peace officer.
7. Psychologist.
8. Member of the clergy.
9. Regulated social worker.
10. Optometrist.
11. Chiropractor.
12. Certified provider of foster care, or an employee thereof.
13. Attorney.
14. Licensed professional counselor.
15. Licensed marriage and family therapist.
16. Firefighter or emergency medical services provider.
17. A court appointed special advocate, as defined in ORS 419A.004 (Definitions).
18. A child care provider registered or certified under ORS 329A.030 (Central Background Registry) and 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) to 329A.450 (Assistance to staff of facility).
19. Member of the Legislative Assembly.
20. Physical, speech or occupational therapist.
21. Audiologist.
22. Speech-language pathologist.
23. Employee of the Teacher Standards and Practices Commission directly involved in investigations or discipline by the commission.
24. Pharmacist.
25. An operator of a preschool recorded program under ORS 329A.255 (Preschool recorded program).
26. An operator of a school-age recorded program under ORS 329A.257 (School-age recorded program).
27. Employee of a private agency or organization facilitating the provision of respite services, as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.310 and 418.992 to 418.998), for parents pursuant to a properly executed power of attorney under ORS 109.056 (Delegation of certain powers by parent or guardian).
28. Employee of a public or private organization providing child-related services or activities:
  1. Including but not limited to youth groups or centers, scout groups or camps, summer or day camps, survival camps or groups, centers or camps that are operated under the guidance, supervision or auspices of religious, public or private educational systems or community service organizations; and
  2. Excluding community-based, nonprofit organizations whose primary purpose is to provide confidential, direct services to victims of domestic violence, sexual assault, stalking or human trafficking.
29. A coach, assistant coach or trainer of an amateur, semiprofessional or professional athlete, if compensated and if the athlete is a child.
30. Personal support worker, as defined in ORS 410.600.
31. Home care worker, as defined in ORS 410.600.

[1993 c.546 §12; 1993 c.622 §1a; 1995 c.278 §50; 1995 c.766 §1; 1997 c.127 §1; 1997 c.561 §3; 1997 c.703 §3; 1997 c.873 §30; 1999 c.743 §22; 1999 c.954 §4; 2001 c.104 §148; 2003 c.191 §1; 2005 c.562 §26; 2005 c.708 §4; 2009 c.199 §1; 2009 c.442 §36; 2009 c.518 §1; 2009 c.570 §6; 2009 c.595 §364; 2009 c.633 §10; 2009 c.708 §3; 2010 c.60 §§4,5; 2011 c.151 §12; 2011 c.506 §38; 2011 c.703 §34; 2012 c.37 §60; 2012 c.92 §1; 2013 c.129 §26; 2013 c.180 §40; 2013 c.623 §17; 2013 c.624 §82; 2013 c.720 §11; 2015 c.98 §7; 2015 c.179 §1; 2015 c.736 §65; 2016 c.109 §39; 2017 c.21 §55; 2018 c.75 §21]

419B.010 Duty of officials to report child abuse; exceptions; penalty.

Any public or private official having reasonable cause to believe that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child shall immediately report or cause a report to be made in the manner required in ORS 419B.015 (Report form and content). Nothing contained in ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) or 419B.234 (Qualifications) (6) affects the duty to report imposed by this section, except that a psychiatrist, psychologist, member of the clergy, attorney or guardian ad litem appointed under ORS 419B.231 (Appointment) is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) or 419B.234 (Qualifications) (6). An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client.
Notwithstanding subsection (1) of this section, a report need not be made under this section if the public or private official acquires information relating to abuse by reason of a report made under this section, or by reason of a proceeding arising out of a report made under this section, and the public or private official reasonably believes that the information is already known by a law enforcement agency or the Department of Human Services.
The duty to report under this section is personal to the public or private official alone, regardless of whether the official is employed by, a volunteer of or a representative or agent for any type of entity or organization that employs persons or uses persons as volunteers who are public or private officials in its operations.
The duty to report under this section exists regardless of whether the entity or organization that employs the public or private official or uses the official as a volunteer has its own procedures or policies for reporting abuse internally within the entity or organization.
A person who violates subsection (1) of this section commits a Class A violation. Prosecution under this subsection shall be commenced at any time within 18 months after commission of the offense.

[1993 c.546 §14; 1999 c.1051 §180; 2001 c.104 §149; 2001 c.904 §15; 2005 c.450 §7; 2012 c.92 §11]

TITLE 35 MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES;

ABUSE REPORTING FOR ADULTS WITH MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES

430.735 Definitions for ORS 430.735 to 430.765

As used in ORS 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse):

"Abuse" means one or more of the following:
1. Abandonment, including desertion or willful forsaking of an adult or the withdrawal or neglect of duties and obligations owed an adult by a caregiver or other person.
2. Any physical injury to an adult caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.
3. Willful infliction of physical pain or injury upon an adult.
4. Sexual abuse.
5. Neglect.
6. Verbal abuse of an adult.
7. Financial exploitation of an adult.
8. Involuntary seclusion of an adult for the convenience of the caregiver or to discipline the adult.
9. A wrongful use of a physical or chemical restraint upon an adult, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order.
10. An act that constitutes a crime under ORS 163.375 (Rape in the first degree), 163.405 (Sodomy in the first degree), 163.411 (Unlawful sexual penetration in the first degree), 163.415 (Sexual abuse in the third degree), 163.425 (Sexual abuse in the second degree), 163.427 (Sexual abuse in the first degree), 163.465 (Public indecency) or 163.467 (Private indecency).
11. Any death of an adult caused by other than accidental or natural means.
"Adult" means a person 18 years of age or older:
1. With a developmental disability who is currently receiving services from a community program or facility or who was previously determined eligible for services as an adult by a community program;
2. With a severe and persistent mental illness who is receiving mental health treatment from a community program or facility; or
3. Who is receiving services for a substace use disorder or a mental illness in a facility or a state hospital.
"Adult protective services" means the necessary actions taken to prevent abuse or exploitation of an adult, to prevent self-destructive acts and to safeguard the adult's person, property and funds, including petitioning for a protective order as defined in ORS 125.005 (Definitions). Any actions taken to protect an adult shall be undertaken in a manner that is least intrusive to the adult and provides for the greatest degree of independence.
"Caregiver" means an individual, whether paid or unpaid, or a facility that has assumed responsibility for all or a portion of the care of an adult as a result of a contract or agreement.
"Community program" includes:
1. A community mental health program or a community developmental disabilities program as established in ORS 430.610 to 430.695; or
2. A provider that is paid directly or indirectly by the Oregon Health Authority to provide mental health treatment in the community.
"Facility" means a residential treatment home or facility, residential care facility, adult foster home, residential training home or facility or crisis respite facility.
"Financial exploitation" means:
1. Wrongfully taking the assets, funds or property belonging to or intended for the use of an adult.
2. Alarming an adult by conveying a threat to wrongfully take or appropriate money or property of the adult if the adult would reasonably believe that the threat conveyed would be carried out.
3. Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an adult.
4. Failing to use the income or assets of an adult effectively for the support and maintenance of the adult.
"Intimidation" means compelling or deterring conduct by threat.
"Law enforcement agency" means:
1. Any city or municipal police department;
2. A police department established by a university under ORS 352.121 (University police departments and officers; standards) or 353.125 (Creation of police department and commission of police officers; rules);
3. Any county sheriffs office;
4. The Oregon State Police; or
5. Any district attorney.
"Neglect" means:
1. Failure to provide the care, supervision or services necessary to maintain the physical and mental health of an adult that may result in physical harm or significant emotional harm to the adult;
2. Failure of a caregiver to make a reasonable effort to protect an adult from abuse; or
3. Withholding of services necessary to maintain the health and well-being of an adult that leads to physical harm of the adult.
"Public or private official" means:
1. Physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 to 677.525, naturopathic physician, psychologist or chiropractor, including any intern or resident;
2. Licensed practical nurse, registered nurse, nurses aide, home health aide or employee of an in-home health service;
3. Employee of the Department of Human Services or Oregon Health Authority, local health department, community mental health program or community developmental disabilities program or private agency contracting with a public body to provide any community mental health service;
4. Peace officer;
5. Member of the clergy;
6. Regulated social worker;
7. Physical, speech or occupational therapist;
8. Information and referral, outreach or crisis worker;
9. Attorney;
10. Licensed professional counselor or licensed marriage and family therapist;
11. Any public official who comes in contact with adults in the performance of the officials duties; or
12. Firefighter or emergency medical services provider;
13. Member of the Legislative Assembly;
14. Personal support worker, as defined in ORS 410.600; or
15. Home care worker, as defined in ORS 410.600.
"Services" includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of an adult.
(a) "Sexual abuse" means:
1. Sexual contact with a nonconsenting adult or with an adult considered incapable of consenting to a sexual act under ORS 163.315 (Incapacity to consent);
2. Sexual harassment, sexual exploitation or inappropriate exposure to sexually explicit material or language;
3. Any sexual contact between an employee of a facility or paid caregiver and an adult served by the facility or caregiver;
4. Any sexual contact between a person with a developmental disability and a relative of the person with a developmental disability other than a spouse; or
5. Any sexual contact that is achieved through force, trickery, threat or coercion; or
6. Any sexual contact between an individual receiving mental health or substance abuse treatment and the individual providing the mental health or substance abuse treatment.
(b) "Sexual abuse" does not mean consensual sexual contact between an adult and a paid caregiver who is the spouse of the adult.
"Sexual contact" has the meaning given that term in ORS 163.305.
"Verbal abuse" means to threaten significant physical or emotional harm to an adult through the use of:
1. Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or
2. Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments.

[1991 c.744 §2; 1999 c.463 §7; 2003 c.443 §4; 2007 c.21 §2; 2007 c.70 §236; 2007 c.492 §2; 2009 c.442 §39; 2009 c.595 §524; 2009 c.837 §15; 2011 c.506 §41; 2011 c.703 §35; 2013 c.129 §27; 2013 c.180 §45; 2014 c.45 §48; 2015 c.179 §3; 2015 c.736 §69; 2017 c.17 §38; 2017 c.356 §58; 2018 c.75 §22; 2018 c.77 §2]

Note: 430.735 (Definitions for ORS 430.735 to 430.765) to 430.765 (Duty of officials to report abuse) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

430.737 Mandatory reports and investigations

The Legislative Assembly finds that for the purpose of preventing abuse and safeguarding and enhancing the welfare of adults with mental illness or developmental disabilities, it is necessary and in the public interest to require mandatory reports and thorough and unbiased investigations of adults with mental illness or developmental disabilities who are allegedly abused.

[1991 c.744 §1; 2003 c.443 §1; 2007 c.70 §237]

Note: See note under 430.735 (Definitions for ORS 430.735 to 430.765).

VOL. 11 PUBLIC HEALTH, HOUSING, ENVIRONMENT

TITLE 36 PUBLIC HEALTH AND SAFETY

CHAPTER 441 HEALTH CARE FACILITIES RESIDENT ABUSE

441.630 Definitions for ORS 441.630 to 441.680

As used in ORS 441.630 (Definitions for ORS 441.630 to 441.680 and 441.995) to 441.680 (Spiritual healing alone not considered abuse of resident):

"Abuse" means:
1. Any physical injury to a resident of a long term care facility which has been caused by other than accidental means.
2. Failure to provide basic care or services, which failure results in physical harm or unreasonable discomfort or serious loss of human dignity.
3. Sexual contact with a resident caused by an employee, agent or other resident of a long term care facility by force, threat, duress or coercion.
4. Illegal or improper use of a residents resources for the personal profit or gain of another person.
5. Verbal or mental abuse as prohibited by federal law.
6. Corporal punishment.
7. Involuntary seclusion for convenience or discipline.
"Abuse complaint" means any oral or written communication to the department, one of its agents or a law enforcement agency alleging abuse.
"Department" means the Department of Human Services or a designee of the department.
"Facility" means a long term care facility, as defined in ORS 442.015 (Definitions).
"Law enforcement agency" means:
1. Any city or municipal police department.
2. A police department established by a university under ORS 352.121 (University police departments and officers; standards) or 353.125 (Creation of police department and commission of police officers; rules).
3. Any county sheriffs office.
4. The Oregon State Police.
5. Any district attorney.
"Public or private official" means:
1. Physician, including any intern or resident.
2. Licensed practical nurse or registered nurse.
3. Employee of the Department of Human Services, a community developmental disabilities program or a long term care facility or person who contracts to provide services to a long term care facility.
4. Employee of the Oregon Health Authority, local health department or community mental health program.
5. Peace officer.
6. Member of the clergy.
7. Regulated social worker.
8. Physical, speech and occupational therapists.
9. Legal counsel for a resident or guardian or family member of the resident.
10. Member of the Legislative Assembly.
11. Personal support worker, as defined in ORS 410.600.
12. Home care worker, as defined in ORS 410.600.

[1979 c.770 §1; 1981 c.470 §7; 1981 c.784 §22; 1987 c.428 §26; 1989 c.721 §53; 1993 c.759 §1; 2001 c.104 §180; 2009 c.442 §41; 2009 c.595 §737; 2011 c.506 §42; 2013 c.180 §46; 2015 c.179 §4; 2015 c.736 §88; 2017 c.679 §41; 2018 c.74 §23]

441.640 Report of suspected abuse of resident required

Any public or private official having reasonable cause to believe that any resident in a long term care facility with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused a resident in a long term care facility, shall report or cause a report to be made in the manner required in ORS 441.645 (Oral report to area agency on aging, department or law enforcement agency).

[1979 c.770 §3; 1993 c.759 §3; 2017 c.346 §1]

VOL. 15 OCCUPATIONS

TITLE 52 OCCUPATIONS AND PROFESSIONS

CHAPTER 676 HEALTH PROFESSION GENERALLY
USE OF TITLES IMPORTING HEALTH CARE PROFESSION

676.110 Use of title "doctor"

An individual practicing a health care profession may not use the title doctor in connection with the profession, unless the individual:
1. Has earned a doctoral degree in the individuals field of practice; and
2. (A) Is licensed by a health professional regulatory board to practice the particular health care profession in which the individuals doctoral degree was earned; or
  (B) Is working under a board-approved residency contract and is practicing under the license of a supervisor who is licensed by a health professional regulatory board to practice the particular health care profession in which the individuals doctoral degree was earned.
If an individual uses the title "doctor" in connection with a health care profession at any time, the individual must designate the health care profession in which the individuals doctoral degree was earned on all written or printed matter, advertising, billboards, signs or professional notices used in connection with the health care profession, regardless of whether the individuals name or the title "doctor" appears on the written or printed matter, advertising, billboard, sign or professional notice. The designation must be in letters or print at least one-fourth the size of the largest letters used on the written or printed matter, advertising, billboard, sign or professional notice, and in material, color, type or illumination to give display and legibility of at least one-fourth that of the largest letters used on the written or printed matter, advertising, billboard, sign or professional notice.
Subsection (1) of this section does not prohibit:
1. A chiropractic physician licensed under ORS chapter 684 from using the title "chiropractic physician";
2. A naturopathic physician licensed under ORS chapter 685 from using the title "naturopathic physician";
3. A person licensed to practice optometry under ORS chapter 683 from using the title "doctor of optometry" or "optometric physician"; or
4. A physician licensed under ORS 677.805 (Ankle defined for ORS 677.805 to 677.840) to 677.840 (Fees) from using the title "podiatric physician."

[Amended by 1967 c.470 §66; 1983 c.169 §29; 1983 c.486 §1a; 1983 c.769 §1; 1991 c.314 §4; 1995 c.765 §1; 2007 c.418 §1; 2009 c.142 §1; 2011 c.108 §1; 2013 c.129 §35; 2017 c.101 §16]

REPORTING OBLIGATIONS

676.150 Duty to report prohibited or unprofessional conduct, arrests and convictions; investigation; confidentiality; immunity from liability

As used in this section:
1. "Board" means the:
  1. State Board of Examiners for Speech-Language Pathology and Audiology;
  2. State Board of Chiropractic Examiners;
  3. State Board of Licensed Social Workers;
  4. Oregon Board of Licensed Professional Counselors and Therapists;
  5. Oregon Board of Dentistry;
  6. Board of Licensed Dietitians;
  7. State Board of Massage Therapists;
  8. Oregon Board of Naturopathic Medicine;
  9. Oregon State Board of Nursing;
  10. Long Term Care Administrators Board;
  11. Oregon Board of Optometry;
  12. State Board of Pharmacy;
  13. Oregon Medical Board;
  14. Occupational Therapy Licensing Board;
  15. Oregon Board of Physical Therapy;
  16. Oregon Board of Psychology;
  17. Board of Medical Imaging;
  18. State Board of Direct Entry Midwifery;
  19. State Board of Denture Technology;
  20. Respiratory Therapist and Polysomnographic Technologist Licensing Board;
  21. Oregon Health Authority, to the extent that the authority licenses emergency medical services providers;
  22. Oregon State Veterinary Medical Examining Board; or
  23. State Mortuary and Cemetery Board.
2. "Licensee" means a health professional licensed or certified by or registered with a board.
3. "Prohibited conduct" means conduct by a licensee that:
  1. Constitutes a criminal act against a patient or client; or
  2. Constitutes a criminal act that creates a risk of harm to a patient or client.
4. "Unprofessional conduct" means conduct unbecoming a licensee or detrimental to the best interests of the public, including conduct contrary to recognized standards of ethics of the licensees profession or conduct that endangers the health, safety or welfare of a patient or client.
Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a licensee who has reasonable cause to believe that another licensee has engaged in prohibited or unprofessional conduct shall report the conduct to the board responsible for the licensee who is believed to have engaged in the conduct. The reporting licensee shall report the conduct without undue delay, but in no event later than 10 working days after the reporting licensee learns of the conduct.
A licensee who is convicted of a misdemeanor or felony or who is arrested for a felony crime shall report the conviction or arrest to the licensees board within 10 days after the conviction or arrest.
The board responsible for a licensee who is reported to have engaged in prohibited or unprofessional conduct shall investigate in accordance with the boards rules. If the board has reasonable cause to believe that the licensee has engaged in prohibited conduct, the board shall present the facts to an appropriate law enforcement agency without undue delay, but in no event later than 10 working days after the board finds reasonable cause to believe that the licensee engaged in prohibited conduct.
A licensee who fails to report prohibited or unprofessional conduct as required by subsection (2) of this section or the licensees conviction or arrest as required by subsection (3) of this section is subject to discipline by the board responsible for the licensee.
A licensee who fails to report prohibited conduct as required by subsection (2) of this section commits a Class A violation.
Notwithstanding any other provision of law, a report under subsection (2) or (3) of this section is confidential under ORS 676.175 (Complaints and investigations confidential). A board may disclose a report as provided in ORS 676.177 (Disclosure of confidential information to another public entity).
Except as part of an application for a license or for renewal of a license and except as provided in subsection (3) of this section, a board may not require a licensee to report the licensees criminal conduct.
The obligations imposed by this section are in addition to and not in lieu of other obligations to report unprofessional conduct as provided by statute.
A licensee who reports to a board in good faith as required by subsection (2) of this section is immune from civil liability for making the report.
A board and the members, employees and contractors of the board are immune from civil liability for actions taken in good faith as a result of a report received under subsection (2) or (3) of this section.

[2009 c.536 §1; 2011 c.630 §21; 2011 c.703 §44; 2011 c.715 §19; 2011 c.720 §213; 2017 c.6 §22; 2018 c.61 §19; 2019 c.43 §5]

PROCESSING OF COMPLAINTS AGAINST HEALTH PROFESSIONALS

676.175 Complaints and investigations confidential; exceptions; fees

A health professional regulatory board shall keep confidential and not disclose to the public any information obtained by the board as part of an investigation of a licensee or applicant, including complaints concerning licensee or applicant conduct and information permitting the identification of complainants, licensees or applicants. However, the board may disclose information obtained in the course of an investigation of a licensee or applicant to the extent necessary to conduct a full and proper investigation.
Notwithstanding subsection (1) of this section, if a health professional regulatory board votes not to issue a notice of intent to impose a disciplinary sanction:
1. The board shall disclose information obtained as part of an investigation of an applicant or licensee if the person requesting the information demonstrates by clear and convincing evidence that the public interest in disclosure outweighs other interests in nondisclosure, including but not limited to the public interest in nondisclosure.
2. The board may disclose to a complainant a written summary of information obtained as part of an investigation of an applicant or licensee resulting from the complaint to the extent the board determines necessary to explain the reasons for the boards decision. An applicant or licensee may review and obtain a copy of any written summary of information disclosed to a complainant by the board after the board has deleted any information that could reasonably be used to identify the complainant.
If a health professional regulatory board votes to issue a notice of intent to impose a disciplinary sanction, upon written request by the licensee or applicant, the board shall disclose to the licensee or applicant all information obtained by the board in the investigation of the allegations in the notice except:
1. Information that is privileged or confidential under a law other than this section.
2. Information that would permit the identification of any person who provided information that led to the filing of the notice and who will not provide testimony at a hearing arising out of the investigation.
3. Information that would permit the identification of any person as a person who made a complaint to the board about a licensee or applicant.
4. Reports of expert witnesses.
Information disclosed to a licensee or applicant under subsection (3) of this section may be further disclosed by the licensee or applicant only to the extent necessary to prepare for a hearing on the notice of intent to impose a disciplinary sanction.
(a) A health professional regulatory board shall disclose:
1. Information to further an investigation into board conduct under ORS 192.685 (Additional enforcement of alleged violations of ORS 192.660).
2. A consent order or stipulated agreement that involves licensee or applicant conduct; and
3. An emergency suspension order;
4. A final order that results from the boards notice of intent to impose a disciplinary sanction;
5. A notice of intent to impose a disciplinary sanction against a licensee or applicant that has been issued by vote of the board;
(b) A health professional regulatory board may make the information required to be disclosed under paragraph (a)(A) to (D) of this subsection available in electronic form, accessible by use of a personal computer or similar technology that provides direct electronic access to the information.
If a notice of intent to impose a disciplinary sanction has been issued by vote of a health professional regulatory board, a final order that results from the boards notice of intent to impose a disciplinary sanction, an emergency suspension order or a consent order or stipulated agreement that involves licensee or applicant conduct shall summarize the factual basis for the boards disposition of the matter.
A health professional regulatory board record or order, or any part thereof, obtained as part of or resulting from an investigation, contested case proceeding, consent order or stipulated agreement, is not admissible as evidence and may not preclude an issue or claim in any civil proceeding except in a proceeding between the board and the licensee or applicant as otherwise allowed by law.
(a) Notwithstanding subsection (1) of this section, it is not disclosure to the public for a board to permit other public officials and members of the press to attend executive sessions where information obtained as part of an investigation is discussed. Public officials and members of the press attending such executive sessions shall not disclose information obtained as part of an investigation to any other member of the public.
(b) For purposes of this subsection, public official means a member or member-elect, or any member of the staff or an employee, of a public entity as defined by ORS 676.177 (Disclosure of confidential information to another public entity).
A health professional regulatory board may establish fees reasonably calculated to reimburse the actual cost of disclosing information to licensees or applicants as required by subsection (3) of this section.

[1997 c.791 §2; 1999 c.751 §3; 2005 c.801 §1]

CHAPTER 688 THERAPEUTIC AND TECHNICAL SERVICES

PHYSICAL THERAPISTS

GERENRALLY

688.010 Definitions for ORS 688.010 to 688.201.

As used in ORS 688.010 to 688.201, unless the context requires otherwise:

"Competence" means the application of knowledge, skills and behaviors by a physical therapist or physical therapist assistant required for the physical therapist or physical therapist assistant to function effectively, safely, ethically and legally within the context of the patient's role and environments.
"Consultation" means the act of a physical therapist seeking assistance from, or rendering professional or expert opinion or advice to, another physical therapist or health care provider.
"Continuing Competency" means the continual process for a physical therapist or physical therapist assistant to maintain and document competence through ongoing self-assessment, development and implementaiton of a personal learning plan, and the subsequent reassessment of the personal learning plan.
"On-site supervision" means supervision by a physical therapist who is:
1. Continuously and physically on site and present in the department or health care facility where the supervised services are provided;
2. Immediately available to the supervisee; and
3. Continually involved in the necessary aspects of patient care.
“Physical therapist” or "physiotherapist" means a person licensed under ORS 688.010 to 688.201 to practice physical therapy.
“Physical therapist aide” means a person who is trained by a physical therapist or physical therapist assistant to perform designated and supervised routine tasks related to physical therapy and who works under the direct on-site supervision of a physical therapist or physical therapist assistant.
“Physical therapist assistant” means a person licensed under ORS 688.010 to 688.201 who assists a physical therapist in the administration of selected components of physical therapy treatment intervention.
“Physical therapy” means the care and services provided by a physical therapist or by a physical therapist assistant under the supervision and direction of a physical therapist.
“Practice of physical therapy” means:
1. Examining, evaluating and testing for mechanical, physiological and developmental impairments, functional limitations and disabilities or other neuromusculoskeletal conditions in order to determine a physical therapy diagnosis or prognosis or a plan of physical therapy intervention and to assess the ongoing effects of physical therapy intervention.
2. Alleviating impairments and functional limitations by designing, implementing, administering and modifying physical therapy interventions.
3. Reducing the risk of injury, impairment, functional limitation and disability by physical therapy interventions that may include as a component the promotion and maintenance of health, fitness and quality of life in all age populations.
4. Consulting or providing educational services to a patient for the purposes of paragraphs (a), (b) and (c) of this subsection.
"Supervision" means the process by which a physical therapist oversees and directs safe and effective delivery of patient care by a physical therapist assistant or physical therapist aide through appropriate verbal, written or electronic communication, while the physical therapists is physically on site or located remotely.

[1959 c.461 §1; 1965 c.314 §1; 1969 c.339 §1; 1971 c.585 §1; 1975 c.111 §1; 1987 c.726 §5; 2005 c.627 §3; 2019 c.43 §13; 2025 c.627 §7]

688.015 Findings and purpose.

The Legislative Assembly finds and declares that providing for state administrative control, supervision, licensure and regulation of the practice of physical therapy in this state serves the purpose of protecting the public health, safety and welfare.
It is the intent of the Legislative Assembly that only individuals who meet and maintain prescribed standards of competence and conduct may engage in the practice of physical therapy as authorized by ORS 688.010 to 688.201 and implemented by the Oregon Board of Physical Therapy.
ORS 688.010 to 688.201 shall be liberally construed to promote the public interest and to accomplish the purposes of ORS 688.010 to 688.201.

[2005 c.627 §1; 2019 c.43 §14; 2025 c.627 §8]

Note: 688.015 and 688.035 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 688 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

688.020 License required to practice physical therapy or use designation.

Unless a person is a licensed physical therapist or holds a temporary permit issued under ORS 688.110, a person may not:
1. Practice physical therapy; or
2. Use in connection with the name of the person the words or letters “P.T.,” “R.P.T.,” “L.P.T.,” "D.P.T.," "physio," “physical therapist,” “physiotherapist,” "registered physical therapist," "licensed physical therapist," "Doctor of Physical Therapy" or any other letters, words, abbreviations or insignia indicating that the person is a physical therapist, or purports to be a physical therapist.
1. Only a person who holds a Doctor of Physical Therapy degree may use the title "Doctor of Physical Therapy" or the abbreviation "D.P.T." or other words or letters to indicate that the person has earned a Doctor of Physical Therapy degree.
Unless a person holds a license as a physical therapist assistant, a person may not:
1. Practice as a physical therapist assistant; or
2. Use in connection with the name of the person the words or letters “L.P.T.A.,” “P.T.A.,” “physical therapist assistant,” “licensed physical therapist assistant,” or any other letters, words, abbreviations or insignia indicating that the person is a physical therapist assistant or purports to be a physical therapist assistant.
This section does not apply to a person who is authorized to practice as a physical therapist or physical therapist assistant by compact privilege as defined in ORS 688.240.
The Oregon Board of Physical Therapy may seek an injunction against a person who engages in conduct in violation of subsection (1) or (3) of this section in a court of competent jurisdiction. an injunction may be issued upon demonstration by the board that the person is likely to continue the conduct or has caused irreparable harm as a result of the conduct.

[1959 c.461 §2; 1965 c.314 §2; 1969 c.339 §2; 1971 c.585 §2; 1975 c.111 §2; 2016 c.13 §4; 2025 c.627 §9]

688.030 Application of ORS 688.010 to 688.201.

ORS 688.010 to 688.201 do not prohibit a person who is authorized by a health professional regulatory board to practice an occupation or profession from practicing that occupation or profession, including by performing an activity or procedure that is included in the practice of physical therapy that is within the person's scope of practice, if the person does not represent, imply or claim that the person is a physical therapist or physical therapist assistant.
ORS 688.010 to 688.201 do not apply to a person:
1. Enrolled in an entry-level professional education program approved by the Oregon Board of Physical Therapy who is satisfying clinical education requirements related to the person's physical therapy education while under on-site supervision;
2. Satisfying a clinical education requirement as required by the board under on-site supervision;
3. Practicing as a physical therapist or physical therapist assistant in the employment of the Armed Forces of the United States, the United States Public Health Service or the United States Department of Veterans Affairs pursuant to a federal regulation authorizing the person's practice, if the person is practicing within the scope of employment;
4. Licensed as a pysical therapist or physical therapist assistant in antoher state, the District of Columbia or a territory of the United States and:
  1. Providing consultation to a health care provider licensed in this state;
  2. For a period of not more than 60 days in a calendar year, practicing physical therapy or assisting in the provision of physical therapy services during a declared national, state or local emergency, so long as the person has notified the board of the person's intent to practice or assist; or
  3. For a period of not more than 60 days in a calendar year, practicing physical therapy or assisting in the provision of physical therapy services if the person is displaced from the person's residence or place of employment due to a declared national, state or local emergency, so long as the person notifies the board of the person's intent to practice or assist; or
5. Licensed as a physical therapist or physical therapist assistant in another state, the District of Columbia or a territory of the United States, or authorized to practice physcial therapy or assist in the provision of physical therapy services in another country, and, for a period of not more than 60 days in a calendar year:
  1. ?Teaching, demonstrating or providing physical therapy services in connection with a continuing education seminar; or
  2. Employed or contracted to provide physical therapy or assist with the provision of physical therapy services to patients affiliated with or employed by an established athletic team or organization or a performing arts company temporarily practicing, competing or performing in this state.

[1959 c.461 §3; 1965 c.314 §3; 1975 c.111 §3; 1987 c.726 §6; 2007 c.403 §2; 2013 c.79 §1; 2025 c.627 §10]

688.035 Short title.

ORS 688.010 to 688.201 may be cited as the Oregon Physical Therapy Practice Act.

[2005 c.627 §2] Note: See note under 688.015.

LICENSING

688.040 Licensing procedure.

Any person desiring to be a licensed physical therapist or physical therapist assistant shall apply in writing to the Oregon Board of Physical Therapy in the form and manner provided by the board by rule.
Each application shall include or be accompanied by evidence, satisfactory to the board, that the applicant possesses the qualifications prescribed by ORS 688.050 for applicants for licensing as a physical therapist and ORS 688.055 for applicants for licensing as a physical therapist assistant.
An applicant shall include with the application any application and examination fees prescribed by the board by rule.
The board shall notify an applicant of any deficiencies in the application.

[1959 c.461 §6; 1969 c.339 §3; 1971 c.585 §3; 1975 c.111 §4; 1995 c.79 §347; 2005 c.21 §7; 2005 c.627 §4a; 2019 c.43 §15]

688.050 Qualifications of physical therapist; examination; rules.

The Oregon Board of Physical Therapy may issue a license to practice as a physical therapist to an applicant who:
1. Applies to the board in a form and manner prescribed by the board;
2. Is at least 18 years of age;
3. Except as provided in subsections (2) and (3) of this section, submits proof of graduation from an accredited professional physical therapy education program accredited by a national accreditation agency and approved by the board by rule;
4. Passes, to the satisfaction of the board, a national examination described in section 2 of this 2025 Act to determine the applicant's fitness to practice physical therapy and passes any other examinations required by the board;
5. Pays the fee required by the board;
6. Passes a state or nationwide crinimal records check under ORS 181A.195 to the satisfaction of the board; and
7. Meets any other requirements established by the board by rule.
In addition to the requirements of subsection (1) of this section, an applicant for a license as a physical therapist who has completed a physical therapy education program, including an education program of the Armed Forces of the United States, that is not accredited by a national accreditation agency and is approved by the board by rule shall:
1. Provide satisfactory evidence to the board that the applicant's education:
  1. Is substantially equivalent to that provided by an entry-level physical therapy education program accredited as described in subsection (1) of this section;
  2. Is approved by the board; and
  3. Prepared the applicant for engaging without restriction in the practice of physical therapy;
2. Meet any criteria for educational requirements established by the board by rule, as demonstrated by a credentials evaluation directed by the board, and complete any additional education as the board requires;
3. If required, pass an English proficiency examination prescribed by the board; and
4. Complete any supervised clinical practice required by the board by rule.
In addition to the requirements of subsection (2) of this section, an applicant who graduated from a physical therapy education program located in another country shall demontrate to the satisfaction of the board that the education program is recognized by that country's ministry of education or smiliar body.
In processing an application for licensure submitted under this section, the board shall notify the applicant of any deficiencies in the application.
A physical therapist shall, on advertising and correspondence related to the physical therapist's practice, use the letters "P.T" or the term "physical therapist" to make known the person's licensure to practice physical therapy.
A physical therapist shall adhere to the recognized standards of ethics of the physical therapy profession as established by rule.

[1959 c.461 §5; 1971 c.585 §4; 1973 c.827 §73; 2005 c.627 §5; 2012 c.43 §15; 2019 c.43 §16; 2025 c.627 §11]

688.055 Qualifications of physical therapist assistant; examination.

The Oregon Board of Physical Therapy may issue a license to practice as a physical therapist assistant to an applicant who:
1. Applies to the board in a form and manner prescribed by the board;
2. Is at least 18 years of age;
3. Except as provided in subsections (2) and (3) of this section, submits proof of graduation from an accredited professional physical therapist assistant education program acccredited by a national accreditation agency and approved by the board by rule;
4. Passes, to the satisfaction of the board, a national examination described in section 2 of this 2025 Act to determine the applicant's fitness to practice as a physical therapist assistant and passes any other examinations required by the board;
5. Pays the fee required by the board;
6. Passes a state or nationwide criminal records check under ORS 181A.195 to the satisfaction of the board; and
7. Meets any other requirements established by the board by rule.
In addition to the requirements of subsection (1) of this section, an applicant for a license as a physical therapist assistant who has completed an education program, including an education program of the Armed Forces of the United States, that is not accredited by a national accreditation agency and is approved by the board by rule shall:
1. Provide satisfactory evidence to the board that the applicant's education:
  1. Is substantially equivalent to that provided by an entry-level physical therapist assistant education program accredited as described in subsection (1) of this section;
  2. Is approved by the board; and
  3. Prepared the applicant to work as a physical therapist assistant;
2. Meet any criteria for educational requirements established by the board by rule, as demonstrated by a credentials evaluation directed by the board, and complete any additional education as the board requires;
3. If required, pass an English proficiency examination prescribed by the board; and
4. Complete any supervised clinical practice required by the board by rule.
In addition to the requirements of subsection (2) of this section, an applicant who graduated from an education program located in another country shall demontrate to the satisfaction of the board that the education program is recognized by that country's ministry of education or smiliar body.
In processing an application for licensure submitted under this section, the board shall notify the applicant of any deficiencies in the application.
A physical therapist assistant shall adhere to the recognized standards of ethics of the physical therapy profession as established by

[1969 c.339 §5; 1971 c.585 §5; 1973 c.827 §74; 1975 c.111 §5; 2005 c.627 §6; 2019 c.43 §17; 2025 c.627 §12]

688.060

[1959 c.461 §4; 1969 c.339 §7; 1971 c.585 §6; 1975 c.111 §6; repealed by 1983 c.740 §251]

688.070

[1959 c.461 §7; 1969 c.339 §8; 1971 c.585 §7; 1975 c.526 §7; 1983 c.224 §1; repealed by 2005 c.627 §18]

688.080 Reciprocity; fee.

The Oregon Board of Physical Therapy may license as a physical therapist or physical therapist assistant, without examination or verification of graduation from an education program, any person who:
1. Applies for a license as provided in ORS 688.050 or 688.055; and
2. On the date of application, is a physical therapist or physical therapist assistant who has a current unrestricted license from another state or territory of the United States if the requirements for licensing of physical therapists or physical therapist assistants in the state or territory in which the applicant is licensed are substantially equivalent to Oregon’s licensure requirements and the person met the licensing requirements of the other state or territory at the time of the person's initial licensure.
To be licensed under this section, an applicant shall:
1. Pay a fee to the board at the time of application;
2. Pass any examination required by the board by rule;
3. Pass a state or nationwide criminal records check under ORS 181A.195 to the satisfaction of the board; and
4. Meet any other requirements established by the board by rule.

[1959 c.461 §9; 1969 c.339 §9; 1971 c.585 §8; 1975 c.111 §7; 1975 c.526 §8; 1983 c.224 §1a; 2005 c.627 §7; 2019 c.43 §18; 2025 c.627 §13]

688.090 License; certificate.

The Oregon Board of Physical Therapy shall license as a physical therapist or a physical therapist assistant each applicant who proves to the satisfaction of the board fitness for such license as provided in ORS 688.010 to 688.201. The board shall issue a certificate to each person licensed. The certificate shall be prima facie evidence of the right of the person to whom it is issued to represent that person as a licensed physical therapist or physical therapist assistant, whichever certificate the person holds, subject to the provisions of ORS 688.010 to 688.201.

[1959 c.461 §10; 1969 c.339 §10; 1971 c.585 §9; 1975 c.111 §8; 2019 c. 43 §19]

688.100 Renewals; rules; fee; lapse.

A person licensed as a physical therapist or physical therapist assistant shall apply to the Oregon Board of Physical Therapy to renew the person’s license pursuant to the rules of the board. If a person fails to renew the person's license on or before the expiration date specified by board rule, the person's license is lapsed and the person may not practice as a physical therapist or work as a physical therapist assistant in this state until the lapsed license is reinstated.
The board may reinstate a lapsed license upon completion of a renewal application and payment of all past renewal and delinquency fees, subject to the board's discretion as described in subsection (3) of this section..
If a person’s license to practice as a physical therapist or physical therapist assistant has lapsed for an amount of time specified by the board by rule, in order to have the license reinstated, the person shall meet the requirements for initial licensure and demonstrate, to the satisfaction of the board, competence to practice physical therapy or as a physical therapist assistant by one or more the following:
1. Under any reasonable licensure conditions imposed by the board, completing a supervised clinical practice as prescribed by the board by rule;
2. Completing, or demonstrating completion of, continuing competence that was required during the period of lapse;
3. Passing an examination required by the board; or
4. Providing proof of licensed practice as a physical therapist or physical therapist assistant in another jurisdiction during the period of lapse.

[1959 c.461 §11; 1969 c.339 §11; 1971 c.585 §10; 1975 c.526 §9; 1983 c.224 §2; 2005 c.627 §8; 2019 c.43 §20; 2025 c.627 §14]

688.110 Temporary permit; fee.

The Oregon Board of Physical Therapy, in its discretion, may issue without examination a temporary permit to a person to practice as a physical therapist or to work as a physical therapist assistant in this state if the person files an application for license as provided in ORS 688.080, and pays to the board at the time of filing the application the temporary permit fee.
A person holding a temporary permit may practice physical therapy only under the direction of a physical therapist licensed under ORS 688.010 to 688.201.
The temporary permit shall be granted for a period not to exceed three months. The board may renew the temporary permit at its discretion for no more than 90 days.

[1959 c.461 §12; 1969 c.339 §12; 1971 c.585 §11; 1975 c.526 §10; 1983 c.224 §3; 1991 c.703 §31; 2005 c.627 §9; 2016 c.13 §5; 2019 c.43 §21; 2025 c.627 §15]

688.120 Fraudulent representations prohibited.

A person may not obtain or attempt to obtain a license as a physical therapist or as a physical therapist assistant or a temporary permit under ORS 688.110 by any fraudulent representation.

[1959 c.461 §13; 1969 c.339 §13; 1971 c.585 §12; 1975 c.111 §9; 2005 c.21 §8; 2005 c.627 §10]

688.125 Notice to patient of interest in physical therapy practice.

In order to ensure that physical therapy treatment of a patient is based solely on the needs of a patient, any health care practitioner licensed by a health professional regulatory board as defined in ORS 676.160 who owns, in part or in whole, a physical therapy practice, or who employs a physical therapist, shall communicate the facts of that ownership or employment relationship to patients for whom physical therapy is prescribed and inform the patient that alternative sources of physical therapy treatment are available.

[1987 c.726 §9; 2009 c.142 §5]

688.130

[1959 c.461 §16; 1965 c.314 §4; 1969 c.339 §14; 1971 c.585 §13; 1975 c.111 §10; 1983 c.224 §4; 1989 c.947 §1; 1991 c.381 §1; 1993 c.211 §1; 1999 c.539 §1; 1999 c.582 §15; repealed by 2005 c.627 §18]

688.132 Duty to refer person.

As used in this section, “provider of care” means a physician, chiropractic physician, podiatric physician and surgeon, naturopathic physician, dentist, physician assistant or nurse practitioner.
A licensed physical therapist shall immediately refer a person being treated by the licensed physical therapist to a provider of care if the person exhibits symptoms:
1. That require treatment or diagnosis by a provider of medical care;
2. For which physical therapy is contraindicated;
3. That the physical therapist does not know how to treat; or
4. For which treatment is outside the scope of practice of physical therapy.

[1993 c.211 §4; 1999 c.539 §2; 2001 c.104 §262; 2005 c.627 §11; 2007 c.403 §1; 2013 c.1 §89; 2013 c.80 §1; 2017 c.409 §32]

688.134

[1993 c.211 §7; 1997 c.408 §1; repealed by 2005 c.627 §18]

688.135 Duties and responsibilities of physical therapist.

A physical therapist licensed under ORS 688.010 to 688.201 shall:
1. Be responsible for managing all aspects of the physical therapy care of each patient.
2. Ensure the qualifications of all physical therapist assistants and physical therapist aides working under the direction and supervision of the physical therapist.
3. Provide for each patient the therapeutic intervention that requires the expertise of a physical therapist and determine and supervise the use of physical therapist assistants or physical therapist aides to provide care that is safe, effective and efficient.
Responsibility for patient care management shall include accurate documentation and billing of the physical therapy services provided. Information relating to the physical therapist-patient relationship is confidential and a physical therapist shall comply with the laws and rules governing the use and disclosure of a patient’s protected health information as provided in ORS 192.553 to 192.581.
Each physical therapist shall display a copy of the physical therapist’s license or current renewal verification in a location accessible to public view at the physical therapist’s place of practice or employment.
A physical therapist may purchase, store and administer topical and aerosol medications as part of the practice of physical therapy as defined in ORS 688.010. A physical therapist shall comply with any rules adopted by the State Board of Pharmacy specifying protocols for storage of medications.
A physical therapist shall adhere to the standards of ethics recognized by the physical therapy profession as further established by a nationally recognized professional organization of physical therapists and as further adopted by the board.
A physical therapist shall disclose to a patient any direct financial interest in products that the physical therapist endorses and recommends to the patient at the time of such endorsement or recommendation. The disclosure shall be documented in the patient’s record.
A physical therapist may provide compensable services to an injured worker only as authorized by ORS 656.250.
Nothing in ORS 688.010 to 688.201 shall prohibit a physical therapist licensed under ORS 688.010 to 688.201 from accepting a referral from a veterinarian licensed under ORS chapter 686. The referral must be in writing and specify the treatment or therapy to be provided, pursuant to ORS 686.040 (4). A physical therapist practicing under this subsection shall be held to the standard of care for veterinarians set forth in ORS chapter 686.
Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a physical therapist who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150.

[2005 c.627 §16; 2009 c.536 §24]

688.140 Grounds for discipline; sanctions; civil penalties.

The Oregon Board of Physical Therapy, after notice and hearing as provided in ORS 688.145, may impose any or all of the following sanctions or take any of the following actions upon any of the grounds specified in subsection (2) of this section:
1. Refuse to license any applicant.
2. Refuse to renew the license of any physical therapist or physical therapist assistant.
3. Suspend or revoke the license of any physical therapist or physical therapist assistant.
4. Suspend or revoke a temporary permit issued under ORS 688.110.
5. Impose a civil penalty not to exceed $5,000.
6. Impose probation with authority to limit or restrict a license.
7. Impose conditions, restrictions or limitations on practice.
8. Issue letters of reprimand.
9. Impose any other appropriate sanction, including assessment of the reasonable costs of a proceeding under ORS 688.145 as a civil penalty. Costs include, but are not limited to, the costs of investigation, attorney fees, hearing officer costs and the costs of discovery.
Grounds exist for the imposition of sanctions as specified in subsection (1) of this section when a person:
1. Violates any provision of ORS 688.010 to 688.201, board rules or a written order from the board.
2. Practices or offers to practice beyond the scope of practice of physical therapy.
3. Obtains or attempts to obtain or renew a license or temporary permit by fraud or misrepresentation.
4. Provides substandard care as a physical therapist through a deliberate or negligent act or failure to act, regardless of whether injury to the patient occurs.
5. Provides substandard care as a physical therapist assistant by exceeding the authority to perform components of physical therapy interventions selected by the supervising physical therapist or through a deliberate or negligent act or failure to act, regardless of whether injury to the patient occurs.
6. Fails as a physical therapist to supervise physical therapist assistants in accordance with board rules.
7. Fails as a physical therapist or physical therapist assistant to supervise physical therapist aides in accordance with board rules.
8. Subject to the provisions of ORS 670.280, has been convicted of a crime in Oregon or any other state, territory or country. For purposes of this paragraph, conviction includes a verdict of guilty, a plea of guilty or a plea of no contest.
9. Has an impairment as defined in ORS 676.303.
10. Has had an application for licensure refused because of conduct or circumstances that would be grounds for sanctions by the board, or a license revoked or suspended, or other disciplinary action taken by the proper authorities of another state, territory or country.
11. Engages in sexual misconduct. For purposes of this paragraph, sexual misconduct includes but is not limited to:
  1. Engaging in sexual conduct or soliciting a sexual relationship with a current patient, whether consensual or nonconsensual.
  2. Intentionally exposing or viewing a completely or partially disrobed patient in the course of treatment if the exposure or viewing is not related to patient diagnosis or treatment under current practice standards.
12. Directly or indirectly requests, receives, pays or participates in dividing, transferring or assigning an unearned fee or profits by a means of a credit or other valuable consideration such as an unearned commission, discount or gratuity in connection with the furnishing of physical therapy services. This paragraph does not prohibit the members of any regularly and properly organized business entity recognized by law and comprised of physical therapists from dividing fees received for professional services among themselves as they determine.
13. Fails to adhere to the standards of ethics of the physical therapy profession established by board rule.
14. Obtains or attempts to obtain a fee for physical therapy services by fraud or misrepresentation.
15. Makes misleading, deceptive or fraudulent representations in the course of providing physical therapy services.
16. Fails to report to the board, when the person has direct knowledge of an unprofessional, incompetent or illegal act that reasonably appears to be in violation of ORS 688.010 to 688.201 or any rules of the board.
17. Interferes with an investigation or disciplinary proceeding of the board.
18. Aids or abets a person who is not licensed in this state to practice physical therapy.
19. Fails to maintain adequate patient records.
20. Fails to maintain patient confidentiality.
21. Provides treatment intervention that is not warranted by the patient’s condition or continues treatment beyond the point of reasonable benefit to the patient.
22. Provides physical therapy services or participates in physical therapy services solely for reasons of personal or institutional financial gain.
23. Aids or causes another person, directly or indirectly, to violate ORS 688.010 to 688.201 or rules of the board, fraudulently uses or permits the use of a license number in any way, or acts with the intent to violate ORS 688.010 to 688.201 or rules of the board.
To enforce the provisions of this section, the board is authorized to initiate an investigation and take the following actions:
1. Receive complaints filed against persons and conduct timely investigations.
2. Initiate its own investigation if the board has reason to believe that there may have been a violation of ORS 688.010 to 688.201.
3. Issue a subpoena to compel the attendance of any witness or the production of any documentation relating to a matter under investigation. In addition to the board, the executive director or the executive director’s designee may issue a subpoena. When the board, in the course of an investigation, requires the production of patient records for inspection and copying by subpoena, or otherwise, the records shall be produced without regard to whether patient consent has been obtained and without regard to any claim of confidentiality or privilege.
4. Take the deposition of a witness, including a physical therapist or physical therapist assistant being investigated, in the manner provided by law in civil cases.
5. Take emergency action to suspend a person’s license or restrict the person’s practice or employment pending proceedings by the board.
6. Report to the appropriate district attorney all cases that, in the judgment of the board, warrant prosecution.
7. Require a person to undergo a mental, physical, chemical dependency or competency evaluation at the person’s expense when the board has objectively reasonable grounds to believe that the person is or may be unable to practice physical therapy with reasonable skill and safety, with the results being reported to the board. The report shall not be disclosed to the public but may be received into evidence in a proceeding between the board and the person when the mental, physical, chemical dependency or competency of the person is at issue, notwithstanding any claim of privilege by the person.
If the board finds that the information received in a complaint or an investigation does not merit disciplinary action against a person, nondisciplinary actions may ensue. The board may then take the following actions:
1. Dismiss the complaint.
2. Issue a confidential advisory letter to the person that is nondisciplinary and that notifies the physical therapist or physical therapist assistant that certain conduct or practices must be modified or eliminated.
The board may apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing any act in violation of ORS 688.010 to 688.201. Injunction proceedings are in addition to, and not in lieu of, penalties or other sanctions prescribed in ORS 688.010 to 688.201.

[1959 c.461 §14; 1969 c.339 §15; 1971 c.585 §14; 1975 c.111 §11; 1979 c.744 §59; 1983 c.224 §5; 1985 c.41 §3; 1989 c.947 §2; 1993 c.211 §2; 1999 c.709 §1; 2005 c.627 §12; 2009 c.756 §66; 2019 c.43 §22]

688.145 Discipline procedure; review of orders; confidential information.

When the Oregon Board of Physical Therapy proposes to impose any of the sanctions authorized in ORS 688.140, opportunity for hearing shall be accorded as provided in ORS chapter 183.
Judicial review of orders under subsection (1) of this section shall be as provided in ORS chapter 183.
Information that the board obtains as part of an investigation into licensee or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving licensee or applicant conduct is confidential as provided under ORS 676.175.

[1971 c.734 §140; 1985 c.41 §4; 1997 c.791 §43; 2019 c.43 §23]

688.150

[1959 c.461 §15; 1969 c.339 §16; 1971 c.585 §15; repealed by 1971 c.734 §21]

STATE BOARD

688.160 Oregon Board of Physical Therapy; qualifications; terms; vacancies; duties; rules; fees; meetings; executive director.

The Oregon Board of Physical Therapy operates as a semi-independent state agency subject to ORS 182.456 to 182.472, for purposes of carrying out the provisions of ORS 688.010 to 688.201 and 688.990. The Physical Therapist Licensing Board consists of eight members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the board:
1. Five must be physical therapists who are Oregon residents, possess unrestricted licenses to practice physical therapy in this state, have been practicing in this state for at least two years immediately preceding their appointments and have been practicing in the field of physical therapy for at least five years.
2. One must be a licensed physical therapist assistant.
3. Two must be public members who have an interest in consumer rights and who are not:
  1. Otherwise eligible for appointment to the board; or
  2. The spouse, domestic partner, child, parent or sibling of a physical therapist or physical therapist assistant.
(a) Board members required to be physical therapists or physical therapist assistants may be selected by the Governor from a list of three to five nominees for each vacancy, submitted by the Oregon Physical Therapy Association.
(b) In selecting the members of the board, the Governor shall strive to balance the representation on the board according to:
1. Geographic areas of this state; and
2. Ethnic group.
(a) The term of office of each member is four years, but a member serves at the pleasure of the Governor. The terms must be staggered so that no more than three terms end each year. A member is eligible for reappointment.
(b) In the event of a vacancy in the office of a member of the board other than by reason of the expiration of a term, the Governor, not later than 90 days after the occurrence of the vacancy, shall appoint a person to fill the vacancy for the unexpired term.
(c) A board member shall be removed immediately from the board if, during the member’s term, the member:
1. Is not a resident of this state;
2. Has been absent from three consecutive board meetings, unless at least one absence is excused;
3. Is not a licensed physical therapist or a retired physical therapist who was a licensed physical therapist in good standing at the time of retirement, if the board member was appointed to serve on the board as a physical therapist; or
4. Is not a licensed physical therapist assistant or a retired physical therapist assistant who was a licensed physical therapist assistant in good standing at the time of retirement, if the board member was appointed to serve on the board as a retired physical therapist assistant.
Each member of the board is entitled to compensation and expenses as provided in ORS 292.495. The board may provide by rule for compensation to board members for the performance of official duties at a rate that is greater than the rate provided in ORS 292.495.
A board member who acts within the scope of board duties, without malice and in reasonable belief that the member’s action is warranted by law, is immune from civil liability.
The board shall have power to:
1. Establish matters of policy affecting administration of ORS 688.010 to 688.201;
2. Provide for examinations for physical therapists and physical therapist assistants and adopt passing scores for the examinations;
3. Adopt rules necessary to carry out and enforce the provisions of ORS 688.010 to 688.201;
4. Establish standards and tests to determine the qualifications of applicants for licenses to practice physical therapy in this state;
5. Issue licenses to persons who meet the requirements of ORS 688.010 to 688.201;
6. Adopt rules relating to the supervision and the duties of physical therapist aides who assist in performing routine work under supervision;
7. Adopt rules establishing minimum continuing competency requirements for all licensees;
8. Exercise general supervision over the practice of physical therapy within this state;
9. Establish and collect fees for the application or examination for, or the renewal, reinstatement or duplication of, a license under ORS 688.040, 688.080 or 688.100 or for the issuance of a temporary permit under ORS 688.110; and
10. Establish and collect fees to carry out and enforce the provisions of ORS 688.010 to 688.201.
The board shall meet as determined by the board and at any other time at the call of the board chairperson, who shall be elected by the members of the board. All members have equal voting privileges.
The board may appoint and fix the compensation of staff as necessary to carry out the operations of the board.
The board shall:
1. Maintain a current list of all persons regulated under ORS 688.010 to 688.201, including the persons’ names, current business and residential addresses, telephone numbers, electronic mail addresses and license numbers.
2. Provide information to the public regarding the procedure for filing a complaint against a physical therapist or physical therapist assistant.
3. Publish at least annually, and in a format or place determined by the board, final disciplinary actions taken against physical therapists and physical therapist assistants and other information, including rules, in order to guide physical therapists and physical therapist assistants regulated pursuant to ORS 688.010 to 688.201.

[1959 c.461 §17; 1969 c.339 §17; 1971 c.585 §16; 1971 c.650 §38; 1973 c.792 §43; 1975 c.111 §12; 1985 c.41 §5; 1993 c.387 §1; 1999 c.1084 §26; 2005 c.627 §13; 2009 c.535 §26; 2009 c.756 §100; 2011 c.597 §282; 2016 c.13 §6; 2019 c.43 §24]

688.170

[1959 c.461 §19; 1969 c.314 §88; 1971 c.585 §17; 1999 c.1084 §27; repealed by 2005 c.627 §18]

688.180

[1959 c.461 §20; 1969 c.339 §18; 1971 c.585 §18; 1975 c.111 §13; repealed by 2005 c.627 §18]

688.190

[1959 c.461 §21; 1969 c.339 §19; repealed by 1971 c.585 §23]

688.200

[1959 c.461 §24; 1961 c.593 §4; 1967 c.637 §33; 1971 c.585 §19; repealed by 1973 c.427 §33 (688.201 enacted in lieu of 688.200)]

688.201 Disposition of receipts.

All moneys received under ORS 688.010 to 688.201 shall be paid into an account established by the Oregon Board of Physical Therapy under ORS 182.470. The board may establish an additional account under ORS 182.470 for the purpose of meeting financial obligations imposed on the State of Oregon as a result of this state's participation in the Physical Therapy Licensure Compact established under ORS 688.240.
The moneys paid into the accounts established by the board under ORS 182.470 are continuously appropriated to the board and may be used only for the administration and enforcement of ORS 676.850, 676.860 and 688.010 to 688.201 and for t he purpose of meeting financial obligations imposed on the State of Oregon as a result of this state's participation in the Physical Therapy Licensure Compact established under ORS 688.240.

[1973 c.427 §34 (enacted in lieu of 688.200); 1999 c.1084 §28; 2013 c.240 §16; 2016 c.13 §§7,8; 2017 c.511 §11; 2019 c.43 §25]

688.210

[1959 c.461 §23; 1969 c.339 §20; 1971 c.585 §20; 1975 c.111 §14; repealed by 2005 c.627 §18]

688.220

[1959 c.461 §22; 1971 c.585 §21; 1997 c.791 §44; 1999 c.59 §203; repealed by 2005 c.627 §18]

ENFORCEMENT

688.230 Report of suspected violation; confidentiality of report; liability of person reporting.

Any licensed health facility, licensed physical therapist, licensed physical therapist assistant, the Oregon Physical Therapy Association, physician licensed under ORS chapter 677 or dentist shall, and any other person may, report suspected violations of ORS 688.010 to 688.201 to the Oregon Board of Physical Therapy. The reports are confidential as provided under ORS 676.175.
Any person who reports or provides information to the board under subsection (1) of this section and who provides information in good faith shall not be subject to an action for civil damages as a result thereof.

[1985 c.41 §7; 1997 c.791 §45; 2013 c.129 §37; 2019 c.43 §26]

688.235

[1989 c.843 §14; repealed by 2005 c.627 §18]

PHYSICAL THERAPY LICENSURE COMPACT

688.240 Physical Therapy Licensure Compact.

The provisions of the Physical Therapy Licensure Compact are as follows:

SECTION 1. PURPOSE

The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

This Compact is designed to achieve the following objectives:

Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;
Enhance the states' ability to protect the public's health and safety;
Encourage the cooperation of member states in regulating multi-state physical therapy practice;
Support spouses of relocating military members;
Enhance the exchange of licensure, investigative, and disciplinary information between member states; and
Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.

SECTION 2. DEFINITIONS

As used in this Compact, and except as otherwise provided, the following definitions shall apply:

"Active Duty Military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211.
"Adverse Action" means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.
"Alternative Program" means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.
"Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.
"Continuing competence" means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
"Data system" means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.
"Encumbered license" means a license that a physical therapy license board has limited in any way.
"Executive Board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
"Home state" means the member state that is the licensee's primary state of residence.
"Investigative information" means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.
"Jurisprudence Requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of physical therapy in a state.
"Licensee" means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.
"Member state" means a state that has enacted the Compact.
"Party state" means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.
"Physical therapist" means an individual who is licensed by a state to practice physical therapy.
"Physical therapist assistant" means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.
"Physical therapy," "physical therapy practice," and "the practice of physical therapy" mean the care and services provided by or under the direction and supervision of a licensed physical therapist. The "practice of physical therapy" also has the meaning given that term in ORS 688.010.
"Physical Therapy Compact Commission" or "Commission" means the national administrative body whose membership consists of all states that have enact the Compact.
"Physical therapy licensing board" or "licensing board" means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
"Remote State" means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.
"Rule" means a regulation, principle, or directive promulgated by the Commission that has the force of law.
"State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

To participate in the Compact, a state must:
1. Participate fully in the Commission's data system, including using the Commission's unique identifier as defined in rules;
2. Have a mechanism in place for receiving and investigating complaints about licensees;
3. Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
4. Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with Section 3.B.4.;
5. Comply with the rules of the Commission;
6. Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and
7. Have continuing competence requirements as a condition for license renewal.
Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C.§534 and 42 U.S.C.§14616.
A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.
Member states may charge a fee for granting the compact privilege.

SECTION 4. COMPACT PRIVILEGE

To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:
1. Hold a license in the home state;
2. Have no encumbrance on any state license;
3. Be eligible for a compact privilege in any member state in accordance with Section 4D, G and H;
4. Have not had any adverse action against any license or compact privilege within the previous 2 years;
5. Notify the Commission that the licensee is seeking the compact privilege within a remote state(s);
6. Pay any applicable fees, including any state fee, for the compact privilege;
7. Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and
8. Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of Section 4A to maintain the compact privilege in the remote state.
A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
A licensee providing physical therapy in a remote state is subject to the state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
If a home state is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
1. The home state license is no longer encumbered; and
2. Two years have elapsed from the date of the adverse action.
Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state.
If a licensee's compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:
1. The specific period of time for which the compact privilege was removed has ended;
2. All fines have been paid; and
3. Two years have elapsed from the date of the adverse action.
Once the requirements of Section 4G have been met, the license must meet the requirements in Section 4A to obtain a compact privilege in a remote state.

SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:

Home of record;
Permanent Change of Station (PCS); or
State of current residence if it is different than the PCS state or home of record.

SECTION 6. ADVERSE ACTIONS

A home state shall have exclusive power to impose adverse action against a license issued by the home state.
A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.
Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
A remote state shall have the authority to:
1. Take adverse actions as set forth in Section 4D against a licensee's compact privilege in the state;
2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by a court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and
3. If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against the licensee.
Joint investigations
1. In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION

The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission:
1. The Commission is an instrumentality of the Compact states.
2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
Membership, Voting, and Meetings
1. Each member state shall have and be limited to one (1) delegate selected by that member state's licensing board.
2. The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.
3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
4. The member state board shall fill any vacancy occurring in the Commission.
5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
The Commission shall have the following powers and duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Maintain its financial records in accordance with the bylaws;
4. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;
5. Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;
6. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall have not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;
9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;
11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, or improve or use, any property, real, personal, or mixed; provided that at all times the Commission shall avoid any appearance of propriety.
12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
16. Provide and receive information from, and cooperate with, law enforcement agencies;
17. Establish and elect an Executive Board; and
18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice.
The Executive Board
The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact.
1. The Executive Board shall be comprised of nine members:
  1. Seven voting members who are elected by the Commission from the current membership of the Commission;
  2. One ex-officio, nonvoting member from the recognized national physical therapy professional association; and
  3. One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.
2. The ex-officio members will be selected by their respective organizations.
3. The Commission may remove any member of the Executive Board as provided in the bylaws.
4. The Executive Board shall meet at least annually.
5. The Executive Board shall have the following duties and responsibilities:
  1. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any Commission Compact fee charged to licensees for the compact privilege;
  2. Ensure Compact administration services are appropriately provided, contractual or otherwise;
  3. Prepare and recommend the budget;
  4. Maintain financial records on behalf of the Commission;
  5. Monitor Compact compliance of member states and provide compliance reports of the Commission;
  6. Establish additional committees as necessary; and
  7. Other duties as provided in rules or bylaws.
Meetings of the Commission
1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 9.
2. The Commission or the Executive Board or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Board or other committees of the Commission must discuss:
  1. Non-compliance of a member state with its obligations under the Compact;
  2. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel, practices and procedures;
  3. Current, threatened, or reasonably anticipated litigation;
  4. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
  5. Accusing any person of a crime or formally censuring any person;
  6. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
  7. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
  8. Disclosure of investigative records compiled for law enforcement purposes;
  9. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or
  10. Matter specifically exempted from disclosure by federal or member state statute.
3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the costs of the operations and activities of the Commission and its staff, which must be a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.
4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.
5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become a part of the annual report of the Commission.
6. An assessment levied, or any other financial obligation imposed, under this Compact is effective against the State of Oregon only to the extent that moneys to pay the assessment or meet the financial obligations have been deposited in an account established under ORS 182.470 by the Oregon Board of Physical Therapy pursuant of ORS 688.201.
Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a responsible basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SECTION 8. DATA SYSTEM

1. The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
2. Notwithstanding Section 9.A.1., the Oregon Board of Physical Therapy shall review the rules of the Commission. The licensing board may approve and adopt the rules of the Commission as rules of the licensing board. The State of Oregon is subject to a rule of the Commission only if the rule of the Commission is adopted by the licensing board.
Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact privilege;
4. Non-confidential information related to alternative program participation;
5. Any denial of application for licensure, and the reason(s) for such denial; and
6. Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
Investigative information pertaining to a licensee in any member state will only be available to other party states.
The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

SECTION 9.RULEMAKING

1. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
2. Notwithstanding Section 9.A.1., the Oregon Board of Physical Therapy shall review the rules of the Commission. The licensing board may approve and adopt the rules of the Commission as rules of the licensing board. The State of Oregon is subject to a rule of the Commission only if the rule of the Commission is adopted by the licensing board.
If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission
Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform; and
2. On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
2. The text of the proposed rule or amendment and the reason for the proposed rule;
3. A request for comments on the proposed rule from any interested person; and
4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.
Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or agency; or
3. An association having at least twenty-five (25) members.
If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the recording will be made available on request.
4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.
The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or member state funds;
3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
4. Protect public health and safety.
The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

SECTION 10. OVERSITE, DISPUTE RESOLUTION, AND ENFORCEMENT

Oversight
1. The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder and adopted by the Oregon Board of Physical Therapy shall have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission.
3. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.
Default, Technical Assistance, and Termination
1. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:
  1. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and
  2. Provide remedial training and specific technical assistance regarding the default.
2. If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.
4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
Dispute Resolution
1. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non-member states.
2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include injunctive relief. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
Any member state may withdraw from this Compact by enacting a statute repealing the same.
1. A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
Nothing contained in this Compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.
This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SECTION 12. CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and affect as to the party state affected as to all severable matters.

[2016 c.13 §1; 2019 c.43 §27]

CODE OF ETHICS

FOR THE PHYSICAL THERAPY PROFESSION

Preamble
The vision of the American Physical Therapy Association is "transforming society by optimizing movement to improve the human experience." Our profession's charge, as we strive to be an inclusive moral community that is diverse and equitable, is to meet the health needs of all people. APTA is a voluntary professional society that strives both to serve APTA members and to support the profession as a whole. Ethical conduct by physical therapists and physical therapist assistants is vital to the standing of the profession.

The Code of Ethics for the Physical Therapy Profession established by APTA is the ethical foundation to which APTA members commit and was developed to provide guidance and define the ethical expectations for the profession. The Code of Ethics establishes the ethical framework guiding the conduct of all members of the physical therapy profession (physical therapists and physical therapist assistants) throughout their careers, in all practice settings, and in all roles relating to patient and client management, consultation, education, research, and administration. The Code of Ethics also provides the public with ethical standards to which we aspire and for which we are accountable. Fundamental to the Code of Ethics is the obligation of the physical therapy professional to educate, enable, and empower the public to facilitate greater independence, health, wellness, and enhanced quality of life.

Physical therapists and physical therapist assistants strive for the highest standards of ethical conduct based on the core values of the profession and the ethical principles (respect for autonomy, beneficence, non-maleficence, justice, veracity, and fidelity) that are part of ethical action at all levels: individual, organizational, and societal. The Ethical Commitments set forth in the Code of Ethics are important to patients, clients, the public, colleagues, and other health care providers. The Ethical Commitments detail the elements of the ethical fiduciary duty of physical therapists and physical therapist assistants to act in the best interests of their patients and clients. Regulators and others may rely on the Code of Ethics in assessing the conduct of physical therapists and physical therapist assistants.

The Standards of Conduct set forth in the Code of Ethics are used by the APTA Ethics and Judicial Committee to assess whether APTA members have engaged in unethical conduct. At all times the physical therapist maintains responsibility for all physical therapist services. The physical therapist assistant shall work in collaboration with and under the supervision of the physical therapist for select interventions when appropriate. Student physical therapists and student physical therapist assistants have the responsibility to adhere to the Code of Ethics during their entire academic program under the guidance of faculty and supervising clinical instructors.

APTA Code of Ethics Overview

The nine Ethical Commitments are: Respect, Integrity, Accountability, Maintaining Professional Relationships, Compassion and Trust, Responsible Business and Organizational Practices, Direction and Supervision, Professional Expertise, and Societal Responsibility.

The Code serves two purposes:

1. It delineates enforceable Standards of Conduct in accordance with those Ethical Commitments that APTA enforces with regard to APTA members. The Standards of Conduct address the actions of physical therapists and physical therapist assistants in their roles relating to patient and client management, consultation, education, research, and administration.

2. It provides aspirational illustrative examples of Ethical Commitments that guide physical therapists and physical therapist assistants toward ethical courses of action in professional and volunteer roles related to their field.

This Code of Ethics is not exhaustive; that is, the Ethical Commitments and Standards of Conduct cannot address every possible situation. In some circumstances, APTA may set higher expectations than legal requirements applicable to physical therapist and physical therapist assistant members that are enforced by state licensing authorities. In other circumstances, the enforceable Standards of Conduct may not address behavior that, although unethical, does not relate to the core professional roles of physical therapist and physical therapist assistant members.

All physical therapist and physical therapist assistant members shall act in an ethically responsible manner, using the Ethical Commitments set forth in the Code of Ethics to guide their decisions and actions. The Code of Ethics does not instruct the individual professional on what decision to make or how to act; rather, it provides guidance for ethical decision-making. Ethical decision-making is a process by which the Ethical Commitments and Standards of Conduct need to be taken into consideration as the professional makes an ethical judgment.

In addition to seeking guidance from the Code of Ethics, PTs, PTAs, and students should also seek advice from trusted mentors or colleagues when ethical issues arise, using the Code as a guide for deliberation and action.

APTA grants a nonexclusive license to any person to use the Code of Ethics for the physical therapy profession, with attribution to APTA, for educational purposes, regulatory purposes, or other noncommercial purposes. Any unauthorized use beyond these terms constitutes copyright infringement.

Physical therapist practice is guided by a set of seven core values: accountability, altruism, compassion/caring, excellence, integrity, professional duty, and social responsibility. Throughout the document the primary core values that support specific principles are indicated in parentheses. Unless a specific role is indicated in the principle, the duties and obligations being delineated pertain to the five roles of the physical therapist. Fundamental to the Code of Ethics is the special obligation of physical therapists to empower, educate, and enable those with impairments, activity limitations, participation restrictions, and disabilities to facilitate greater independence, health, wellness, and enhanced quality of life.

Ethical Principles

The nine Ethical Commitments for the physical therapy profession build on the ethical principles of autonomy, beneficence, nonmaleficence, justice, veracity, and fidelity, which are the pillars of ethical decision-making. PTs and PTAs should carefully consider, balance, and weigh these commitments within the context of the situation in making ethical judgments that are in the best interest of the patient or client and society. Members of the physical therapy profession shall abide by the ethical principles of:

Autonomy

Respect the rights of individuals to make decisions and determinations about their life and body to the greatest extent possible. Respecting autonomy includes the imperative to always respect another's privacy, maintain confidentiality, and obtain informed and ongoing consent in every interaction involving physical touching of another individual.

Beneficence

Take action to ensure the welfare and safety of the individuals with whom they make professional decisions, to advance the good of the individual and society.

Nonmaleficence

Make decisions and take actions with the intention to prevent or minimize injury, harm, or wrongdoing.

Justice

Make objective decisions that result in the most equitable outcome possible, as justice is an expression of the mutual recognition of respect for each other's human dignity and an acknowledgement that we live together in an interdependent community.

Veracity

Be honest and truthful in all professional decisions and actions, with all internal and external parties.

Fidelity

Treat all individuals (people, groups, and populations) with respect, fairness, discretion, and integrity.

Ethical Commitments and Standards of Conduct

As applied to the physical therapy profession, APTA builds on these principles to identify nine Ethical Commitments to which all APTA members should aspire and which serve as a basis for APTA's enforceable Standards of Conduct.

1. Respect: Physical therapists and physical therapist assistants shall respect the inherent dignity and rights of all individuals.

Standards of Conduct:

1.1 Physical therapists and physical therapist assistants shall not discriminate against any person.

1.2 Physical therapists and physical therapist assistants shall protect patients' and clients' confidential information and not disclose that confidential information except as authorized by the patient or client or as permitted or required by law.

Aspirational Illustrative Examples:

1.A Physical therapists and physical therapist assistants shall strive to acknowledge and respect and individual's known identity and culture.

1.B Physical therapists and physical therapist assistants shall strive to recognize their explicit and implicit personal biases.

2. Integrity: Physical therapists and physical therapist assistants shall act with professional integrity and responsibility, and fulfill their respective legal and ethical obligations.

Standards of Conduct:

2.1 The physical therapist shall retain full responsibility for all physical therapist services provided under the provisions of the physical therapist's license, including all aspects of the evaluation and management of the patient or client.

2.2 Physical therapists and physical therapist assistants shall obtain ongoing informed consent after providing information that is understandable, honest, and necessary to allow the patient or client or their surrogate to make informed decisions about participation in physical therapist services or research.

2.3 Physical therapists and physical therapist assistants having knowledge that, in their reasonable judgment, raises a substantial question as to whether a colleague is unfit to perform their professional responsibilities with competence and safety shall report this information to the appropriate authorities.

2.4 Physical therapists and physical therapist assistants shall address known illegal or unethical acts by physical therapy personnel or that affect physical therapist services.

2.5 Physical therapists and physical therapist assistants shall comply with applicable mandatory reporter laws for suspected cases of abuse, neglect, or exploitation involving children or vulnerable adults.

2.6 Physical therapists and physical therapist assistants involved in research shall comply with accepted standards governing the protection of research participants.

Aspirational Illustrative Examples:

2.A Physical therapists and physical therapist assistants shall stive to discourage misconduct by any physical therapy personnel or other health care professionals and make appropriate reports of known illegal or unethical acts, including verbal, physical, emotional, or sexual harassment.

2.B Physical therapists and physical therapist assistants shall strive to demonstrate integrity in their relationships with patients and clients, families, colleagues, students, research participants, other health care providers, employers, payers, and the public.

2.C Physical therapists and physical therapist assistants shall strive to ensure that they take appropriate action to address known illegal or unethical acts by physical therapy personnel or that affect physical therapist services, such as by speaking directly to the individual, consulting with mentors, or reporting the misconduct to a supervisor or relevant legal authority.

3. Accountability: Physical therapists and physical therapist assistants shall be accountable for making sound professional judgments and decisions within the scope of practice established by laws and regulations.

Standards of Conduct:

3.1 Physical therapists and physical therapist assistants shall not exceed their professional, jurisdictional, and personal scopes of practice and shall communicate with, collaborate with, or refer to a peer or other health care professionals when necessary.

3.2 Physical therapists and physical therapist assistants shall practice without impairment from substance misuse and without impairment from cognitive deficiency or mental illness that, even with appropriate reasonable accommodation, adversely affects their practice.

3.3 Physical therapists and physical therapist assistants shall comply with applicable local, state, and federal laws and regulations, including any duty to report when concerned about the safety of other individuals.

Aspirational Illustrative Examples:

3.A Physical therapists shall strive to demonstrate independent and objective professional judgment and make decisions in the patient's or client's best interests in all settings.

3.B Physical therapists shall strive to make professional judgments and decisions that are informed by professional standards, evidence, provider knowledge and experience, and patient and client values.

3.C Physical therapist assistants shall strive to make decisions in the patient's or client's best interests, in consultation with the physical therapist.

3.D Physical therapists and physical therapist assistants shall strive to be accountable for the accuracy and truthfulness of information they disseminate, including in the use of emerging technologies, such as social media and artificial intelligence.

4. Maintaining Professional Relationships: Physical therapists and physical therapist assistants shall respect the boundaries of professional, therapeutic, organizational, and personal relationships to promote a safe environment.

Standards of Conduct:

4.1 Physical therapists and physical therapist assistants shall not abusively exploit persons over whom they have supervisory, evaluative, or other authority (e.g., patients and clients, students, supervisees, research participants, and employees).

4.2 Physical therapists and physical therapist assistants shall not engage in any sexual relationship with any of their patients and clients, supervisees, or students.

4.3 Physical therapists and physical therapist assistants shall not harass anyone verbally, physically, emotionally, or sexually.

4.4 Physical therapists shall provide reasonable notice and information about alternative sources for obtaining care if the physical therapist terminates the provider relationship while the patient or client continues to need physical therapist services.

Aspirational Illustrative Examples:

4.A Physical therapists and physical therapist assistants shall avoid initiating or entering into sexual relationships with individuals over whom they have significant influence on patients' and clients' care decisions and should refer patients and clients to other providers if an existing close personal or sexual relationship with such a person might influence or impinge on the integrity of the relationship between the provide and patient or client.

4.B Physical therapists and physical therapist assistants shall strive to collaborate with patients and clients to empower them in making decisions about their health care.

4.C Physical therapists and physical therapist assistants shall strive to create an inclusive and civil work environment that strives to promote each colleague's sense of belonging.

4.D Physical therapists and physical therapist assistants shall strive to, as appropriate, encourage colleagues with physical, psychological, or substance-related impairments that may adversely impact their professional responsibilities to seek assistance or counsel.

5. Compassion and Trust: Physical therapists and physical therapist assistants shall be trustworthy and compassionate in addressing the rights and needs of patients and clients.

Standards of Conduct:

5.1 Physical therapists and physical therapist assistants shall provide the information necessary to allow patients and clients to make informed decisions about physical therapist services or participation in clinical research, including ensuring that information regarding the authorship of clinical documentation, patient education materials, publications, and presentations is truthful, accurate, and relevant.

5.2 Physical therapists and physical therapist assistants shall address barriers to communication and comprehension with recipients of services, caregivers, students, and research participants.

Aspirational Illustrative Examples:.

5.A Physical therapists and physical therapist assistants shall strive to demonstrate care and compassion in the provision of physical therapist services.

5.B Physical therapists and physical therapist assistants shall strive to be responsible and accountable for the use of respectful, accurate, and truthful written, verbal, and nonverbal communication in all forms, including social media.

5.C Physical therapists and physical therapist assistants shall strive to recognize the public trust placed in them as health care professionals and maintain professional responsibility when information is disseminated using current and emerging technologies, including but not limited to social media and artificial intelligence.

6. Responsible Business and Organizational Practices: Physical therapists and physical therapist assistants promote accountable and truthful organizational behaviors and business practices.

Standards of Conduct:

6.1 Physical therapists and physical therapist assistants shall provide information about their services that is truthful and accurate and shall not make misleading representations in any forms of communication, including billing.

6.2 Physical therapists and physical therapist assistants shall ensure that documentation for physical therapist services accurately reflects the provider, nature, and extent of the services provided.

6.3 Physical therapists and physical therapist assistants shall disclose any conflicts of interest and not permit any conflicts of interest to interfere with professional judgments and decisions.

6.4 Physical therapists and physical therapist assistants shall not, at any time, accept gifts or other considerations that influence or give an appearance of influencing their professional judgement and decision-making.

6.5 Physical therapists and physical therapist assistants shall fully disclose any financial interest they have in products or services that they recommend to patients and clients or to the public.

6.6 Physical therapists shall ensure that patients and clients are informed of their financial obligations prior to incurring charges so that shared decision-making can be incorporated into the treatment plan.

6.7 Physical therapists and physical therapist assistants shall not knowingly enter into or continue any employment or other arrangements that prevent them from fulfilling professional and ethical obligations to patients and clients.

Aspirational Illustrative Examples:.

6.A Physical therapists and physical therapist assistants shall strive to provide relevant and truthful information to current and prospective patients and clients about the services to be provided.

6.B Physical therapists and physical therapist assistants shall strive to promote environments that support independent and accountable professional judgement as well as ethical and accountable decision-making.

6.C Physical therapists and physical therapist assistants shall strive to seek compensation that supports the provision of legal, safe, and effective physical therapist services.

7. Direction and Supervision: Physical therapists and physical therapist assistants shall provide appropriate and timely direction to and communication with anyone over whom they have legal supervisory responsibility.

Standards of Conduct:

7.1 Physical therapists shall ensure that all duties directed to other physical therapy personnel are congruent with the credentials, qualifications, competencies, and legal scope of practice or scope of work of the individual.

7.2 Physical therapist assistants shall provide physical therapist services under the direction and supervision of a physical therapist and shall communicate with the physical therapist when the patient's or client's status requires modification to the established plan of care.

7.3 Physical therapists shall exercise primary responsibility for the supervision of physical therapist assistants and support personnel.

7.4 Physical therapist assistants shall support and respect the supervisory role of the physical therapist to ensure quality of care and promote patient and client safety.

7.5 Physical therapist assistants shall take responsibility to communicate in a timely manner to the supervising physical therapist any areas in which they do not have the necessary level of knowledge and skill to practice safely and effectively.

Aspirational Illustrative Examples:.

7.A Physical therapists and physical therapist assistants shall strive to take responsibility to mentor learners in order to help the learners develop knowledge, skills, behaviors, and attitudes that will enable them to provide safe and effective care while embodying professionalism.

8. Professional Expertise: Physical therapists and physical therapist assistants shall enhance their expertise and competency through career-long acquisition and refinement of knowledge, skills, abilities, and professional behaviors.

Standards of Conduct:

8.1 Physical therapists shall recognize and practice within the limits of their skills and competence and refer a patient or client to another health care professional when it is in the best interests of the patient or client.

8.2 Physical therapists and physical therapist assistants shall practice consistent with accepted current standards of care.

Aspirational Illustrative Examples:.

8.A Physical therapists and physical therapist assistants shall strive to develop and maintain competence and exercise appropriate care in using current and emerging technologies, including but not limited to social media and artificial intelligence.

8.B Physical therapists and physical therapist assistants shall strive to engage in professional development based on critical self-assessment and reflection on changes in physical therapist practice, education, health care delivery, and technology.

8.C Physical therapists and physical therapist assistants shall strive to evaluate the strength of evidence and applicability of content presented during professional development activities before integrating the content or techniques into practice, as appropriate to their professional roles.

8.D Physical therapists and physical therapist assistants shall strive to cultivate and support practice environments that support professional development, career-long learning, and excellence.

8.E Physical therapists and physical therapist assistants shall strive to reflect on and take action needed to maintain their own physical, emotional, and mental health, and seek outside assistance when needed.

9. Societal Responsibility: Physical therapists and physical therapist assistants shall participate in efforts to meet the health needs of people locally, nationally, and globally.

Aspirational Illustrative Examples:.

9.A Physical therapists and physical therapist assistants shall strive to provide resources to assist those who they believe are in harm's way.

9.B Physical therapists and physical therapist assistants shall strive to recognize and address the multiple determinants of health that impact an individual's ability to optimize their own health and shall strive to provide appropriate suggestions to patients and clients of available community resources.

9.C Physical therapists and physical therapist assistants shall strive to advocate to reduce health disparities and health care inequities, improve access to health care services, and address the health, wellness, and preventive health care needs of people.

9.D Physical therapists and physical therapist assistants shall strive to recognize and respect the unique roles of other health professions and engage in interprofessional collaboration to meet the individual needs of people as well as improve access to appropriate services.

9.E Physical therapists and physical therapist assistants shall strive to provide pro bono physical therapist services or support organizations that met the needs of people who are economically disadvantaged, uninsured, or underinsured.

9.F Physical therapists and physical therapist assistants shall strive to be responsible stewards of health care services and advocate for just utilization of those services, including taking action to reduce barriers to access.

9.G Physical therapists and physical therapist assistants shall strive to educate the public about the scope of practice and benefits of physical therapy as part of interprofessional collaborative practice to protect and advance the health and well-being of individuals, communities, and populations.

9.H Physical therapists and physical therapist assistants shall strive to be good stewards of limited resources and take action to avoid unnecessary waste of those resources.

History: Originally adopted by APTA HOD June 1973. Last amended by APTA HOD June 2025.